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Starym

Blizzard Files a Trademark Dispute With a Cartoon Dog... Named Diablo

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Well, this is one of those weird and yet inevitable stories, as a new cartoon TV show has caused Blizzard to register a "Notice of Opposition" to a trademark filing from Fox Media related to a dog.

As reported by PCGamesN, the upcoming HouseBroken animated show coming to Fox on May 31st has a dog character named "Diablo", and Fox Media has tried to trademark the name, for merchandising and similar purposes (dog bowls, cups, saucers etc). Blizzard has filed a Notice of Opposition to this filing, in which they explain (at length) their claim to the Diablo name, going through all the games, expansions, the upcoming release of Immortal, the fact the franchise has won awards and "been the subject of substantial, unsolicited media attention", and even mentioning a pending trademark application for "downloadable films and movies featuring narratives based on a video game" from back in 2019.

With all that set up, the main claim is that "it is likely that members of the public will erroneously believe that Applicant’s [Fox] Goods offered under the DIABLO mark originate with, or are in some manner connected or associated with, or sponsored by, Opposer [Blizzard], all to the harm of Opposer’s goodwill and reputation." and that it would "be likely to cause confusion or mistake or to deceive".

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(You can check out the preview video for the show and Diablo in particular over on PCGamesN, as it has been blocked in my country.)

Now while it's somewhat unlikely that a cartoon dog might be mistaken for the Lord of Terror and the games that are his namesakes, since Blizzard is (eventually) planning on creating some animated (or dare we dream live action) Diablo-related shows, the complaint makes sense, as well as from a more simple "defending the trademark" standpoint.

You can read the full Notice of Opposition here.

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Its fun if you consider that Diablo is the spanish word for Devil, and with this, is not a possible trademark name.

The only think i can remotely consider a trademark issue, would if Poe changed his name to 'Diablo upgraded', but even so, would just be a realistic name overall.

 

Also, time to make a new game called 'GOD', and enter in dispute with the Church for using my game name without my consent.

Edited by Elfomal
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4 hours ago, Steveson said:

I do think there is a bit of a difference in the usage. The tv show in the article has Diablo as a main character and tried to trademark Diablo for use in merchandise right now. The Diablo from Marvel is simply less well known for the main public, isn't in some sort of spotlight right now and they're not planning to suddenly release a lot of merchandise of him at this moment. So I can definitely understand why Blizzard is after HouseBroken and not Marvel.

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8 hours ago, Steveson said:

Marvel also has Mephisto, good luck with that! 😁 If I'm correct, at one point Marvel had a dispute with Games Workshop for character Malekith (both in Marvel and Warhammer, he was a dark elf ruler), due to this GW had to change his name to Malerion.

Anyway, this seems rather excessive. There are plenty of characters named Diablo.

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