If anyone randomly wants to make a movie with the name "Diablo", they can. The only way they can be sued if they purposefully advertise their product as something relating to the game Diablo.
Not do drag this out, because its quite obvious they can sue, because they did... But I’m quite sure that’s incorrect. I’m not an expert on the issue, but I’m a graphic artist and work with companies on a regular basis that talk about it (I’m not envolved in that aspect however). Though I have done some browsing on the subject in the past.
The main issue is the consumer, not the company’s intentions (though intent can also be considered). If a company can prove that consumers will mistakenly assume the product is associated with something that its not, then that’s all they need. It doesn’t matter whether the offender intended this or not.
Granted the word is from a specific language with a slightly unrelated meaning (the actual word Diablo does not directly reference the game made my Blizzard) though as someone one else pointed out, that’s irrelevant. The word represents the game, regardless of its true meaning.
Being that this would be an American movie staring Vin Diesal (I think) and probubly have some action involved, its quite possible that people would mistakenly think it might have to do with the Diablo game, which means New Line could easily profit from Blizzards work, which would be un lawfull.
If this were a documentary or a religious movie made in Mexico, things may be different as the difference of topics would be more obvious.
New Line could also argue that the difference will be evident enough, but Blizzard certainly has grounds to take legal action.
Or instead of all that stuff you just said...I am sure New Line will just simply come out and say "I am sorry, didnt know about your Diablo franchise due to your company not keeping it an active game."
If the movie was made properly there would be no issue with the name. Blizzard does not own Spanish. I suppose Blizzard can do a lawyer override because they have a lot of money, but seriosly, on a 50-50 basis, it wouldn't work.
If the movie was made properly there would be no issue with the name. Blizzard does not own Spanish. I suppose Blizzard can do a lawyer override because they have a lot of money, but seriosly, on a 50-50 basis, it wouldn't work.
Well, isnt that what the whole copyright law is about. If someone nicks ur name (even if its just a normal word) you can sue them.
Rollback Post to RevisionRollBack
The little boat gently drifted across the pond exactly the way a bowling ball wouldn’t...
Well, isnt that what the whole copyright law is about. If someone nicks ur name (even if its just a normal word) you can sue them.
You can't copyright normal words. You can trade mark them but that usually involves graphics, colours etc as well. There could be no more movies after a while because every name would be copyrighted otherwise.
You can't copyright normal words. You can trade mark them but that usually involves graphics, colours etc as well. There could be no more movies after a while because every name would be copyrighted otherwise.
Ah y, got confused with trade mark there i guess.
Rollback Post to RevisionRollBack
The little boat gently drifted across the pond exactly the way a bowling ball wouldn’t...
You can't copyright normal words. You can trade mark them but that usually involves graphics, colours etc as well. There could be no more movies after a while because every name would be copyrighted otherwise.
The actual trademark is the name that represents something. Artwork is only considered trademarked when it represents the name, otherwise it falls under copyright. As you said, colors can also be trademarked, as well as shapes/designs but its the word that these things represent that matters. And it doesnt matter what language the word is in, or what its true definition is.
It has everything to do with the reputation and knowledge of the word and its associated products within a given industry. In this case, it would be entertainment media. Being that Blizzard and its products are well known in the entertainment industry, including film, they have every right to claim ownership of that title in that realm, especially when its a high budged movie with a known action star.
If this were a brand of cereal, or a model of car, then they would have no claim, but it isnt.
Again, doesnt mean New Line or anyone else doesnt have a fight, but Blizzard certainly has one as well. And a strong one at that.
Not do drag this out, because its quite obvious they can sue, because they did... But I’m quite sure that’s incorrect. I’m not an expert on the issue, but I’m a graphic artist and work with companies on a regular basis that talk about it (I’m not envolved in that aspect however). Though I have done some browsing on the subject in the past.
The main issue is the consumer, not the company’s intentions (though intent can also be considered). If a company can prove that consumers will mistakenly assume the product is associated with something that its not, then that’s all they need. It doesn’t matter whether the offender intended this or not.
Granted the word is from a specific language with a slightly unrelated meaning (the actual word Diablo does not directly reference the game made my Blizzard) though as someone one else pointed out, that’s irrelevant. The word represents the game, regardless of its true meaning.
Being that this would be an American movie staring Vin Diesal (I think) and probubly have some action involved, its quite possible that people would mistakenly think it might have to do with the Diablo game, which means New Line could easily profit from Blizzards work, which would be un lawfull.
If this were a documentary or a religious movie made in Mexico, things may be different as the difference of topics would be more obvious.
New Line could also argue that the difference will be evident enough, but Blizzard certainly has grounds to take legal action.
www.clan-ngru.com
Well, isnt that what the whole copyright law is about. If someone nicks ur name (even if its just a normal word) you can sue them.
You can't copyright normal words. You can trade mark them but that usually involves graphics, colours etc as well. There could be no more movies after a while because every name would be copyrighted otherwise.
Ah y, got confused with trade mark there i guess.
The actual trademark is the name that represents something. Artwork is only considered trademarked when it represents the name, otherwise it falls under copyright. As you said, colors can also be trademarked, as well as shapes/designs but its the word that these things represent that matters. And it doesnt matter what language the word is in, or what its true definition is.
It has everything to do with the reputation and knowledge of the word and its associated products within a given industry. In this case, it would be entertainment media. Being that Blizzard and its products are well known in the entertainment industry, including film, they have every right to claim ownership of that title in that realm, especially when its a high budged movie with a known action star.
If this were a brand of cereal, or a model of car, then they would have no claim, but it isnt.
Again, doesnt mean New Line or anyone else doesnt have a fight, but Blizzard certainly has one as well. And a strong one at that.
www.clan-ngru.com