Well, it’s been quite a stupid and frustrating run in the trademark
lawsuit between Netflix and Chooseco LLC, the folks behind Choose Your
Own Adventure books from our youth. At issue was the Black Mirror
production Bandersnatch, in which the viewer takes part in an interactive
film where they help decide the outcome. The main character is creating a
book he refers to as a “choose your own adventure” book. Chooseco also
complained that the dark nature of the film would make the public think
less of CYOA books as a result. Netflix fought back hard, arguing for a
dismissal on First Amendment grounds, since the film is a work of art and
the limited use or reference to CYOA books was an important, though
small, part of that art. The court decided that any such argument was
better made at trial and allowed this madness to proceed, leading Netflix
to petition for the cancellation of Chooseco’s trademark entirely. This
story all seemed to be speeding towards an appropriately impactful
conclusion. …
