Can you use the word "Diablo" in a game title?

Since diablo is Spanish for "devil" ... I'm wondering if it could be used legally in a game title. For example, "City of the Diablo" or something. Anyone know whether it's a copyright held by Blizzard or could the word be used as part of a game title. I'm obviously not suggesting releasing a game called "Diablo" ... but a title with the word Diablo in it.

 

I don't think they will prosecute you and if they do, you can remind them of Mojang vs. Zenimax "Scrolls" precedent.

 

It's a generic term, so I'm sure you can use it as long as your use is clearly distinct from how other people are using it in their products.

 

yes. should you? probably not. why? getting search rankings will be near impossible

 

Yes, although don't call it Diablo 4 or something silly like that.

 

Thanks for the tip. Can you explain? I'm not sure I understand how search rankings work yet in app stores.

 

Was referring to google searches, but store searches are generally simliar.

ie. you call your game angry lemons. people search for angry lemons. more likely to see a bunch of angry bird results because search engine knows what everyone else searches for, and assumes you are actually interested in seeing results about angry birds.

 

Cool ... thanks for the info.

 

LOL. amazing.

angry lemons is a thing.

 

Didn't Bethesda try and sue Mojang for their game called 'scrolls'? I doubt you will have any trouble but there is always a possibility.

 

Yes, and that precedent you can call of if you get sued. Also KHopcraft, http://bit.ly/1te0KNZ

 

Yea, after what Diablo 3 did to Diablo 2's reputation, you might as well name the game "Don't buy this".

Since it's spanish for devil, I would suggest "City of el Diablo"

 

Having a precedent doesn't magically make the problem go away if you're getting sued. It's something your lawyers can use to help make their lawyers go away. The problem is that you still need lawyers...

 

May as well go all the way.

Ciudad del Diablo

 

It's not even a precedent; Mojang and Bethesda came to an agreement, and Mojang can't use "Scrolls" in any sequels they might make. So they didn't actually win. If Blizzard has a trademark on "Diablo" (which they do), they could reasonably argue that "City of Diablo" infringes.

--Eric

 

I had to rename two of my apps (Battleship and Red Baron Chicken) because of trademark infringements.
So yes, you can trademark generic stuff like Battleship and Diablo. And using "Diablos" is not a solution.

 

It's all about the context.

IMO it's not really worth the trouble. It doesn't matter if you're right or wrong, it matters who has more money.

 

I considered that, but assumed the OP desired a 4 word title haha

Do you worry that in the future, so many words will be trademarked that it becomes difficult to name your games? I have the same worry about holidays. We already insult the memory of the event by moving the day off for some holidays so it doesn't disrupt the school year. These stupid things humans do need to have hard caps so they don't destroy the rest of society -.-

 

They can "try" to sue you, doesn't mean they'll be successful. Definitely context:

OK:

The wrath of Diablo the mouse

Not Ok:

Diablo's quest: Blizzard mountains

 

Here's a very interesting Reddit AMA with a video game attorney:
http://www.reddit.com/r/IAmA/comments/28z307/iama_video_game_attorney_its_a_thing_i_swear_who/

TL;DR - logically you can surely use the term diablo because it's a generic term but in the land of copyrights, trademarks and lawyers anything can happen. Even illogical things. Just remember that "candy" and "saga" are trademarked words now.

 

DIABLO is not a generic term for a video game. Generic trademarks are marks that describe the actual product they are attached to (ie, trying to use the mark FRUIT on goods related to produce). In general, titles for media such as books, games and movies are considered descriptive by nature. This generally allows for marks that can overlap through the use of common words.

Descriptive marks can acquire what is called secondary meaning. In general, this means that the use of the word has become associated with the product. In this case, Blizzard / Activision could argue that the mark DIABLO has acquired secondary meaning with video games. Thus, the question becomes whether using "Diablo" in another game causes confusion, the test for trademark infringement in the United States.

Historically, most large media companies are vigilant about patrolling their marks. If someone used the mark "City of the Diablo," it would not be surprising if Blizzard / Activision sent out a cease and desist letter. Cease and detest letters are not legally binding but sometimes are a precursor to litigation.

PS: This is not meant as legal advice.

 

I never said that it should be used as the sole title for a video game. Especially not alone in which case it is a very well known name of a game. The term "diablo" as such is a normal word, though.

"I've seen him ... el diablo." I would not associate this with the game. Hence why I pointed out there's this absurdity with candy and saga. It can and will happen and under the right circumstances (mostly enough money, lawyers and fame or a combination of any involved) that a title will be associated with another despite being generic.

 

I never said that you did. "Generic" has a very specific legal meaning with trademarks. In general, most "normal" words can be used as trademarks.

Even though King was awarded trademarks for "Candy" and "Saga," that does not technically mean that someone cannot use them. If someone used them for part of a game trademark, King would still need to prove likelihood of confusion, which may be very difficult given the nature of the terms.

The same is true for using "Diablo." If someone else tried to file for a trademark, it is possible that Blizzard would oppose based upon likelihood of confusion.

Names like "Diablo's Revenge" have a higher likelihood of confusion as opposed to "The Happy Fun Land of El Diablo." (going to avoid dilution claims).

PS: This is not meant as legal advice.