From Engadget:
Netflix's choose-your-own-adventure style film Black Mirror: Bandersnatch is the subject of a new lawsuit, brought against the streaming giant by Chooseco LLC The company is known for publishing the "Choose Your Own Adventure" book series popular in the 1980s and 90s, and it's claiming Netflix infringed upon its trademarks, Variety reports. Netflix tried to obtain a license for Chooseco's trademark in the past, according to Chooseco, but never reached a deal with the publisher.
In its complaint, Chooseco specifically points to a scene in Bandersnatch where a character makes a reference to a "Choose Your Own Adventure" book -- and that appears to be Chooseco's main infringement charge against Netflix. It also says Netflix is "causing confusion, tarnishing, denigrating and diluting the distinct quality of the 'Choose Your Own Adventure' trademark," and that Bandersnatch's "dark and violent themes" reflect poorly on its brand.
(Score: 4, Informative) by RandomFactor on Wednesday January 16 2019, @03:50AM (6 children)
They also sued for a Jeep commercial that used 'choose your adventure'
I can understand Netflix somewhat, particularly if they have plans to move into that medium, but Jeep isn't referring to any genre of media consumption, just driving around in the woods, roads, beach, whatever. So I'm going to lean towards overzealous trademark protection.
I have to wonder what this means for Ren'Py novels?
В «Правде» нет известий, в «Известиях» нет правды
(Score: 5, Interesting) by FatPhil on Wednesday January 16 2019, @08:31AM (5 children)
I would proffer that "choose your own adventure" is an exemplar for that situation. As is "Windows". Genericised trademarks not so, the order of time is important, and kleenex/sharpie/xerox/etc. did get there first, and they weren't the simplest natural language description for the thing before they became genericised, even if they are now.
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 3, Informative) by c0lo on Wednesday January 16 2019, @11:56AM
Heh! Subway got away with it - they made a trademark [upi.com] from their descriptive (but falling short [huffingtonpost.com.au]) names of their products.
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by mobydisk on Wednesday January 16 2019, @03:19PM (3 children)
It never occurred to me how Microsoft could try to abuse that trademark. As evil as Microsoft has been, I've never heard of them trying to sue someone for using the term "windows" to describe the UI concept, or the portals installed on the sides of my house and car. That would be hilarious actually.
(Score: 3, Informative) by Booga1 on Wednesday January 16 2019, @05:03PM (2 children)
Behold: https://en.wikipedia.org/wiki/Microsoft_Corp._v._Lindows.com,_Inc. [wikipedia.org]
(Score: 3, Informative) by Booga1 on Wednesday January 16 2019, @05:09PM (1 child)
Though, in retrospect that was over the name of the OS, not the actual UI concept.
The lawsuit to try to lock down the GUI was by Apple against Microsoft: https://en.wikipedia.org/wiki/Apple_Computer,_Inc._v._Microsoft_Corp. [wikipedia.org]
(Score: 2) by mobydisk on Friday January 18 2019, @05:43PM
I was going to point out the Lindows OS name thing. Thanks for the clarification.