Netflix seeks cancellation of ‘Choose Your Own Adventure’ TM
Netflix is asking for the cancellation of Chooseco’s ‘Choose Your Own Adventure’ trademark, as the dispute between the two companies over a “Black Mirror” episode rumbles on.
In January, Chooseco, an American publishing company responsible for the “Choose Your Own Adventure” book series, sued Netflix over alleged trademark infringement, focused upon a “choose your own adventure” tagline used in the “Bandersnatch” episode of the streaming service’s dystopian TV drama.
Netflix, in a new filing at the US District Court for the District of Vermont on Tuesday, February 25, argued that not only has the term “choose your own adventure” become generic (and available under principles of fair usage), but also that characters and storylines from its 2018 interactive episode “Bandersnatch” differs from other interactive productions.
Netflix asserted that its previous negotiations with Chooseco (which ended without an agreement on licensing and usage) had no relation to the “choose your own adventure” issue, and the doctrine of genericide applies in this case.
Chooseco’s mark (US number 4889435) was registered in January 2016 and covers “a series of fiction books for young adults”.
Netflix had been in negotiations with Chooseco for a licence to use the phrase since 2016, the publisher claimed, but Netflix did not obtain a licence.
"Bandersnatch" broke new ground as the first-ever interactive TV show in which viewers could choose outcomes for the protagonist.
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