Published: Sat, January 12, 2019

Bandersnatch' sued for possible trademark infringement — Netflix's 'Black Mirror

Bandersnatch' sued for possible trademark infringement — Netflix's 'Black Mirror

The ever-twisted, "Choose Your Own Adventure" movie Black Mirror: Bandersnatch has certainly been a hit for Netflix, but that doesn't mean everyone in the world is happy about the success.

In the film, Stefan (Fionn Whitehead) explained to his dad that the video game Bandersnatch is based on a book series which he described as "choose your own adventure".

Black Mirror creators may have wanted viewers to choose their own adventure on Bandersnatch, but they ended up somewhere unexpected-in a lawsuit with the owners of the "Choose Your Own Adventure" trademark.

"Bandersnatch" lets viewers "choose their own adventure", but Netflix is being sued for use of that terminology. The franchise was extremely popular during the 1980s, growing to 184 books with more than 250 million copies printed.

According to the lawsuit, Netflix is benefitting from an association with the Choose Your Own Adventure brand, with Bandersnatch widely discussed in the media as being connected to the phrase.


Netflix and the publisher apparently had engaged in talks in recent years, with Netflix trying to secure a license to use the Choose Your Own Adventure trademark. 20th Century Fox, according to Chooseco, holds a contract to develop a series based on the publisher's books, however, Netflix requested a license in 2016 but did not receive one. Chooseco claims Netflix's film contains scenes of "extreme physical violence, murder, drug use and a choice about the death of a child", which is something it does not wish its books be associated with.

"We would prefer not to resort to litigation, but given the damage that we will suffer as a result of the use of our mark we've been left with no other option".

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.

Metro.co.uk has reached out to Netflix for comment.

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