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. At one point, the programmer calls the novel a "Choose Your Own Adventure book".
According to a complaint filed in Vermont Federal Court, the plaintiff claimed Netflix had actively pursued a licence since 2016 for use of the Choose Your Own Adventure trademark but no deal was reached.
Bandersnatch isn't the first instance of Netflix using interactivity in their content, with the platform previously including it in content aimed at children including Puss in Book: Trapped in an Epic Tale and Stretch Armstrong: The Breakout.
The book publisher behind the popular series of Choose Your Own Adventure books for kids has slapped Netflix with a $25 million lawsuit, claiming the Bandersnatch movie and its marketing infringes on the publisher's arguably very well known trademark brand. The lawsuit alleges that Netflix is using the phrase "choose your own adventure", which is a registered trademark of Chooseco, without permission. Black Mirror: Bandersnatch is far from a G-rated film.
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The Choose Your Own Adventure series has sold more than 265 million copies worldwide. "The misappropriation of the trademark without permission puts Chooseco in a hard situation as the graphic and offensive nature of the content is particularly damaging for fans of the series young and old, and tarnishes the mark".
The suit also notes that 20th Century Fox recently optioned the rights to create a film based on the series, which is now in the works.
"Netfix has no license or authorization to use Chooseco's trademark", the complaint reads, "and upon information and belief, used the mark willfully and intentionally to capitalize on viewer's nostalgia for the original book series from the 1980s and 1990s".
Netflix declined to comment when contacted by MailOnline. The suit claims infringement, dilution and unfair competition and Chooseco is seeking at least $25m in damages or profits, whichever is higher.
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