According to the report, Netflix tried to make a deal to use the brand ‘Choose Your Own Adventure’, hey also use the phrase in the TV show.
I have no idea if that will sway a court, but hey clearly felt a need to have a contract at some point.
Netflix hasn’t yet responded to a request for comment. The streamer will likely defend itself by pointing to allowances for descriptive fair use. Netflix has also avoided using “Choose Your Own Adventure” in advertising Bandersnatch, and there’s also likely to be court attention on the Rogers test, wherein something of artistic relevance is only flagged if the use of the mark is explicitly misleading as to its source.
Claiming infringement, dilution and unfair competition, Chooseco demands at least $25 million in damages or Netflix’s profits, whichever is greater. The plaintiff also seeks injunctive relief.
Throughout the years, Chooseco has actively policed the use of its mark. About a decade ago, the publisher sued DaimlerChrysler for using the “Choose your Adventure” slogan in a campaign for Jeeps. That case was later settled.