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Netflix Sued By 'Choose Your Own Adventure' Publishers Over Black Mirror: Bandersnatch (polygon.com)
An anonymous reader quotes a report from Polygon: Netflix's first interactive movie, Black Mirror: Bandersnatch makes no bones about its Choose Your Own Adventure inspiration, and that's reportedly caught the eye of the series' original publisher. Chooseco, a publishing company specializing in children's books, is suing Netflix for infringing on the company's "Choose Your Own Adventure" trademark. According to the official complaint, Netflix has been in negotiations with Chooseco over a license for the series since 2016, but Chooseco says Netflix never actually gained permission to use it. After the release of Black Mirror: Bandersnatch late last month, Chooseco has filed a complaint against Netflix for $25 million in damages, as the company says that Netflix's new movie benefits from association with the Choose Your Own Adventure series, without the company ever receiving the trademark. Chooseco says it sent a cease-and-desist request to Netflix at least once over the Choose Your Own Adventure trademark in the past. Netflix has declined to comment on the complaint.
I never thought that choose your own adventure books were actually related to this episode in any way other than an idea. I didn't once associate Chooseco with this Netflix - Black Mirror episode.
Even if I had associated them, is it an issue to come up with a story that has something to do with the writers childhood? Are we not supposed to write about the action figures we used to play with too?
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Don't cry because it's over, smile because it happened - Dr. Seuss
And they haven't gone after every Visual Novel ever written?
Depends on how it was framed. If they used it in marketing materials they *may* be in trouble. If a director, or producer, or Netflix exec said it in an interview, they are probably safe.
My Other Computer Is A Data General Nova III.
Anyone can claim a trademark. After using it a while, they can apply for registration. They will learn that some things qualify and some don't and some are indeterminate. A name like Xerox was easy to qualify because it was an invented word and nobody else had claimed it.
Even if you can register a TM, it may be challenged in court on various grounds. Suppose you claimed Lunch Time as a TM. It is far more likely than Xerox to have been used already and it is a risky choice. Someone might argue that Lunch Time is a common phrase undeserving of a trademark.
Failure to continuously use your TM can forfeit your rights. Failure to defend it in the face of others' using the same mark can forfeit your rights. IP law is complicated and not always rational and may have changed since I glanced at it in 1975.
...omphaloskepsis often...
The first episode is probably the worst one. Normally people I know who recommend the show, just say skip the first episode. I would really recommend giving it another shot. A million merits or white Christmas are good.