Sunday, 16 June, 2019

Netflix Faces $25 Million Lawsuit Over ‘Black Mirror: Bandersnatch’

Netflix sued over Bandersnatch's similarities to Choose Your Own Adventure Netflix faces lawsuit over 'Black Mirror' and 'Choose Your Own Adventure'
Adrian Cunningham | 12 January, 2019, 12:10

According to the complaint filed in Vermont federal court which you can read in its entirety here, Chooseco has been using the phrase "Choose Your Own Adventure", since the '80s and have sold more than 265 million copies of its Choose Your Own Adventure books.

It's worth noting that Bandersnatch is certainly not the first example featuring choose-your-own-adventure styled storytelling, with various video games having incorporated choice-based storylines as well (think Until Dawn).

According to the suit, Netflix apparently tried to obtain a license for Chooseco's trademark in the past, but wasn't able to reach a deal with the publisher.

Chooseco LLC is asking for at least $25 million in damages or profits (whichever is greater) from Netflix Inc., owing to alleged trademark infringement, false designation of origin, unfair competition, and trademark dilution.

Chooseco argues that not only did everyone in the press describe Black Mirror's interactive film as a "choose your own adventure" experience, but in one scene in Bandersnatch, one of the characters even references Choose Your Own Adventure books by name.

Women Develops Rare Condition That Leaves Her Unable To Hear Men
It is not easy to treat RSHL as most health care professionals are trained to treat high-frequency loss. The rare condition is present in almost 13,000 hearing loss patients, and stress can be a factor.

"Bandersnatch" lets viewers "choose their own adventure", but Netflix is being sued for use of that terminology.

The big gimmick associated with Netflix's buzzy Black Mirror movie Bandersnatch is that it's very much a choose your own adventure kind of production. As for why the streaming giant wasn't granted the rights to use the trademark, the lawsuit claims 20th Century Fox already has the rights to develop a pending interactive series, not unlike Bandersnatch, using the "Choose Your Own Adventure" format. It sent a cease-and-desist letter to Netflix before the show's release. The movies' "dark and, at times, disturbing content" also tarnishes the Choose Your Own Adventure brand, the suit alleges.

"Its use of quotes and capital letters in the subtitles is further evidence of Netflix's knowing and willful use of Chooseco's trademark", they said.

Netflix, which has avoided using the phrase "choose your own adventure" in advertising, is yet to comment publicly on the case.