Publisher sues Netflix for $25M over use of trademark catchphrase in new series
Netflix was not given permission to use 'Choose Your Own Adventure' in 'Black Mirror: Bandersnatch'
Netflix was not given permission to use 'Choose Your Own Adventure' in 'Black Mirror: Bandersnatch'
Netflix was not given permission to use 'Choose Your Own Adventure' in 'Black Mirror: Bandersnatch'
A Vermont-based book publisher is suing Netflix for $25 million after the streaming giant used a trademarked catchphrase in a new series.
Netflix recently released "Black Mirror: Bandersnatch," an interactive movie in which the viewer makes a series of choices that determine the outcome of the film.
It openly uses the phrase "choose your own adventure," but that phrase is trademarked by Chooseco LLC.
"I knew immediately that it was a problem for us," said Melissa Bounty, associate publisher for Chooseco.
Suing Netflix was an obvious choice for the publisher.
"Probably about 12 minutes after (the series) launched, I started hearing from people saying to me, 'You need to stop what you're doing and you need to watch this immediately,'" said Bounty.
The core of the publisher's problem lies with the use of the phrase "Choose Your Own Adventure."
"It's a 'Choose Your Own Adventure' book," the protagonist, Stefan Butler, said within the first few minutes of the first episode of the series.
The phrase is trademarked by the Vermont company, which has written more than 100 books using it.
In the lawsuit, Chooseco claims Netflix's use of the catchphrase "Choose Your Own Adventure" is causing confusion and tarnishing, denigrating and diluting the quality of the trademark.
Depending on the choices a Netflix viewer makes, the episode can include references to and depictions of a demonic presence, violent fighting, drug use, murder, mutilation of a corpse, decapitation and other upsetting imagery, according to the 15-page suit.
Those are endings, the publisher said, that would never appear in its children's books.
"We try really hard to keep things age-appropriate for the audience that we're aiming for," said Bounty.
She said the company's target audience is children ages 7 to 12.
Chooseco said its focus will remain on writing its "Choose Your Own Adventure" books as it waits for Netflix to choose which way it would like to proceed in court.
Netflix did not immediately respond to requests for comment.