No Proof Bandersnatch's 'CYOA' Reference Confusing, Netflix Says

The Choose Your Own Adventure book series publisher doesn't point to anything explicitly misleading in Netflix's use of a reference to that series in its Black Mirror: Bandersnatch original production, as the 2nd Circuit's Rogers decision requires it to, Netflix said Friday in a court reply (in Pacer). The reply was in support of its motion to dismiss Netflix's amended claim. Chooseco is alleging trademark infringement and unfair competition (see 1901140004). Netflix said the "choose your own adventure" phrase is artistically relevant to Bandersnatch's story and structure. It said the phrase was dialogue in a lengthy work, and was never used to market the film, and there's no likelihood of confusion under the 2nd Circuit's Polaroid. Chooseco outside counsel didn't comment Monday.