Many moons ago, I awoke with a brilliant idea or at least one that I thought was pretty solid. We’ve all come across the issue of trying to find a new tv show to watch and let’s be honest, we usually just recycle old episodes of the “The Office” until we can’t stand the comedic styling of Michael Scott any longer. My idea was complex, yet fairly simple in terms of its application. As a kid, I always loved reading “choose your own adventure” stories where the reader, which in this case was yours truly, would read the contents of the book until they reached a ‘choice point’ where they’d choose how to continue the story, and turn to the appropriate page that coordinated with their choice. Imagine using this same concept but applying it to a tv series. Though I didn’t have a concept for the actual subject matter of the show, I thought being able to choose how the storyline went down would be engaging and interactive. As with some ideas that come into existence, its possible that the creative minds behind another company were already working on the concept before it popped into your brain, and this was the case with my “choose your own adventure” show. As for the company that beat me to the punch; it was none other than Netflix (NFLX).
How could I have been so careless as to let a company whose critical acclaim relates to their ability to give people, with little to no romantic game, the ability to initiate physical contact? Netflix’s latest episode from their nightmarish ‘Black Mirror’ series called “Bandersnatch” uses a feature never before used by the streaming site, which allows viewers to choose how the episode’s story will take place, a la choosing the adventure. Throughout the episode, viewers are given choices to guide Stefan, the protagonist, through the plot, with choices as simple as what he’ll eat for breakfast, and as chilling as whether to ingest hallucinogens or not. My belief in karma fluctuates based on how it plays in my favor, and in terms of Netflix (NFLX) stealing my idea, I secretly hoped they’d get their comeuppance. Like a gift from an omnipotent presence, Chooseco, LLC, the children’s book publisher which owns the trademark to “Choose Your Own Adventure,” filed a lawsuit against Netflix (NFLX) according to a complaint filed in Vermont federal court on Friday.
The complaint filed by Chooseco, LLC stated that:
“On December 28, 2018, Netflix released a much-hyped, and — upon information and belief — widely viewed interactive film called Black Mirror: Bandersnatch on its digital streaming platform. In the first few minutes of the movie, the protagonist refers to a fictional book in the diegesis as a “Choose Your Own Adventure” book. Netflix has no license or authorization to use Chooseco’s trademark and, upon information and belief, used the mark willfully and intentionally to capitalize on viewers’ nostalgia for the original book series from the 1980s and 1990s. The film’s dark and, at times, disturbing content dilutes the goodwill for and positive associations with Chooseco’s mark and tarnishes its products…”
–Court Filing for Chooseco, LLC v. Netflix Inc
According to the Hollywood Reporter, which first reported on the lawsuit, Netflix (NFLX) and Chooseco had been engaged in ongoing negotiations for several years regarding licensing for the use of the “Choose Your Own Adventure” trademark, but Netflix was never granted a license. Additionally, reports suggest that “on at least one occasion before the release” of the episode, the plaintiff sent Netflix (NFLX) “a written cease and desist to request” they stop using the trademark in connection with its marketing efforts for the eventual release of the episode.
Though Netflix (NFLX) has yet to comment on the filed lawsuit, Chooseco, LLC is demanding no less than $25 million on the premise that the streaming company is guilty of infringement, dilution, and unfair competition.
