Chooseco LLC v. Netflix, Inc., District Court, District of Vermont, Feb. 25, 2020, No. 2:19-cv-00008-WKS

Chooseco LLC v. Netflix, Inc., District Court, District of Vermont, Feb. 25, 2020, No. 2:19-cv-00008-WKS

Chooseco, the company behind the Choose Your Own Adventure book series, January sued Netflix in January, claiming the Black Mirror interactive film, Bandersnatch, violated its trademark rights after years-long license negotiations between the two companies reached a dead end. In an answer filed by Netflix, the studio admits it did seek a license from Chooseco but denied that it had anything to do with Bandersnatch. Netflix also asserted that its use is protected by the First Amendment and fair use, that there's no likelihood of confusion, that the claims are barred by the doctrine of genericide, and that the viewer does not step into the shoes of the main character in Bandersnatch, but instead controls the main character as an outside force. Additionally, Netflix requests a declaration that it hasn't violated Chooseco's rights, and cancellation of the Chooseco's trademarks.

by Arya Mansour, Associate Attorney & Wil Rios, Law Clerk (Spring 2020)