Multiple Defenses Possible for Netflix in 'Choose Your Own Adventure' Fight, AEI Says

A possible defense Netflix might employ in litigation brought by the publisher of the Choose Your Own Adventure (CYOA) book series (see 1901140004) is that consumers aren't like to confuse the child-friendly books with Netflix's dark and bloody Black Mirror: Bandersnatch movie, American Enterprise Institute adjunct fellow Michael Rosen blogged Tuesday. He said Netflix also could argue the Bandersnatch popularity increased CYOA's value or that CYOA never should have been given a trademark since it's descriptive and not inherently distinctive. The suit "highlights both the importance and the unpredictability of intellectual property in pop culture," Rosen said. Netflix didn't comment.