Last week, Chooseco LLC, the publisher of the Choose Your Own Adventure children’s book series, filed a federal lawsuit against Netflix. Chooseco, an indie publisher based out of Vermont, claimed that Netflix had infringed on its Choose Your Own Adventure trademark when it released its interactive feature film, Black Mirror: Bandersnatch.
Chooseco claims that Netflix failed to license the right to use its trademark in relation to its Black Mirror character’s fictional Bandersnatch Choose Your Own Adventure book, as well as disparages its trademark due to the film’s dark and mature content that depicts a demonic presence, violence, use of drugs, murder, and other “upsetting imagery.”
In a release, Chooseco’s co-founder and publisher, Shannon Gilligan, indicated that Chooseco had received an “unprecedented amount of outreach” coming from people who mistakenly believed the children’s publisher was associated in some way with Netflix’s film. Gilligan claims that the misappropriation of their trademark “in association with such graphic content is likely to cause significant damage, impacting our book sales and affecting our ability to work with licensing partners in the future.”
Chooseco requests injunctive relief, plus a minimum of $25 million in damages and legal fees. This award could potentially be tripled if it is determined, as Chooseco claims, that Netflix’s infringement was “willful.”
Additional Reading
Chooseco Sues Netflix, Alleging ‘Bandersnatch’ Infringement, Publishers Weekly, January 13, 2019
Netflix Just Got Sued in a Truly Amazing Lawsuit, and Literally Nobody Can Tell You How It Will End, Inc.com, January 13, 2019
Chooseco LLC v. Netflix, Inc. via Justia Dockets
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