Netflix Sued Over ‘Black Mirror: Bandersnatch,’ Accused of Infringing ‘Choose Your Own Adventure’ Trademark

Chooseco, a children’s book publisher, claims in lawsuit that it never gave the streamer a license to use the phrase

Last Updated: January 16, 2019 @ 10:50 AM

A children’s book publisher is suing Netflix for trademark infringement over the use of “Choose Your Own Adventure” in its “Black Mirror” film, “Bandersnatch.”

According to lawsuit filed in Vermont, Chooseco, LLC, which has published numerous “Choose Your Own Adventure”-style books, claims it has held the trademark for “Choose Your Own Adventure” since the 1980s.

A representative Netflix declined to comment when contacted by TheWrap.

Chooseco is claiming that the phrase has been used in the marketing of film. Chooseco’s main argument, since Netflix didn’t use the words “Choose Your Own Adventure” as part of the film’s name, comes in the first part of the movie, when Stefan (Fionn Whitehead) explains to his dad that the “Bandersnatch” game he’s developing is based on a fictional book, which he described as a “choose your own adventure book.”

“Netflix has no license or authorization to use Chooseco’s trademark and, upon information and belief, used the mark willfully and intentionally to capitalize on viewers’ nostalgia for the original book series from the 1980s and 1990s,” the company said in the lawsuit. “The film’s dark and, at times, disturbing content dilutes the goodwill for and positive associations with Chooseco’ s mark and tarnishes its products.”

Chooseco added that in 2016, the company and Netflix engaged in “extensive negotiations” for a license to use the phrase, but that Netflix never received one from them.

Pamela Chelin contributed to this story

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