Although a new season of Black Mirror didn't arrive last year, Netflix did come through with their groundbreaking interactive film, Bandersnatch. Fans were given options to choose Stefan Butler's decisions as he creates a "Choose Your Own Adventure" video game based on a book titled, Bandersnatch. The reception opened doors for Netflix to create more interactive films but unfortunately, they were already hit with a lawsuit by Chooseco, LLC, the creators of "Choose Your Own Adventures."
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Chooseco claims they had extensive talks with Netflix but they went on to create the "Choose Your Own Adventure" film without getting a license. They cited a particular part in the film when the father says the book Stefan's reading must be good because he's "flicking backwards and forwards" through the pages, but Stefan corrects his dad, saying, "No, it's a 'Choose Your Own Adventure' book."
The Hollywood Reporter reports they amended their lawsuit and added a "trade dress claim" that alleges the fictional Tuckersoft game company used "rounded color borders" for their fake video games which resemble their book covers.
Netflix responded to the claims, saying, "The idea of a narrative storytelling device in which readers or viewers make their own choices is not protected by trademark law." They continued to say that "choose your own adventure" is "a reference to the book's narrative device."
Netflix lawyer added that the "rounded border" allegation "is even weaker than Chooseco’s original claims: because there is nothing distinctive about Chooseco’s borders and consumers do not associate them with Chooseco, they are not protectable trade dress, and, regardless, its borders are markedly different from those used on [the film's] “Tuckersoft” videogames."
Netflix wants the case dismissed with prejudice.
