Netflix Loses Bid to Dismiss $25 Million Lawsuit Over 'Black Mirror: Bandersnatch'

, whereby unless a work has no artistic relevance, the use of a mark must be misleading for it to be actionable.is an artistic work even if Netflix derived profit from exploiting the Charlie Brooker film.Bandersnatch

"Here, Chooseco has sufficiently alleged that consumers associate its mark with interactive books and that the mark covers other forms of interactive media, including films," continues the decision. "The protagonist inexplicitly stated that the fictitious book at the center of the film’s plot was 'a Choose Your Own Adventure' book. In addition, the book, the videogame, and the film itself all employ the same type of interactivity as Chooseco’s products.

The judge writes, "The physical characteristics and context of the use demonstrate that it is at least plausible Netflix used the term to attract public attention by associating the film with Chooseco’s book series."

Wait, what?

Like to own a streaming company.

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