Black Mirror: Bandersnatch: Netflix sued by Choose Your Own Adventure company

Black Mirror: Bandersnatch is a dark interactive series on Netflix. The streaming service is being sued by the company which brought us 80s children those “Choose Your Own Adventure” series. The trademark licence was never acquired.

Black Mirror: Bandersnatch is a series on Netflix that debuted recently and with it came an interesting addition, the ability to control a character’s decision making process. One couldn’t help but to think of another 80s version of such an immersive style of literature like that of The Neverending Story. Of course all the kid had to do at the end was name the Empress.

Cashing in on 80s nostalgia seems to be the practice these days and Netflix is jumping on the bandwagon with Stranger Things and The Toys That Made Us, two of which that immediately come to mind.

Now, Chooseco, LLC is suing Netflix for going forth with their Black Mirror: Bandersnatch project without ever acquiring a trademark licence. Although there were negotiations going on between Chooseco and Netflix, the streaming service never did acquire the trademark licence, according to The Hollywood Reporter. The complaint file stated the following, even citing they sent Netflix a cease and desist order:

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"“Chooseco and Netflix engaged in extensive negotiations that were ongoing for a number of years, but Netflix did not receive a license. On at least one occasion before the release of Bandersnatch, Chooseco sent a written cease and desist request to Netflix asking Netflix to stop using the CHOOSE YOUR OWN ADVENTURE mark in connection with its marketing efforts for another television program.”"

The press has made apparent the phrase, “Choose Your Own Adventure” in their coverage and  Chooseco says they think the general public is confused about its association. They also think that Netflix is benefiting from this association.

This is understandable, but wouldn’t such a vague and generic phrase really warrant a lawsuit? It hasn’t yet been determined. On the other hand, there is also such a thing as covering your backside. Should Netflix have done just that?

Now there is a possibility of monetary consequences because Netflix could take a $25 million dollar hit. If not that amount, if profits turn out to be greater, then that would take precedence.

Like (or not like) Netflix, could this not be comparable to other lawsuits filed by companies citing the similarities to their competitors? But it would seem in this lawsuit that it’s more about what the “Choose Your Own Adventure” association.

What do you think? Do you think Chooseco should get the full amount or would you say the “Choose your own adventure” phrasing is too vague to warrant a complaint being filed?

Black Mirror: Bandersnatch is currently streaming on Netflix.