News Article

Giana Sisters Developer Under Fire Over Dieselstormers Name

Posted by Alex Olney

A different sort of fuel crisis

You’ll most likely know the Germany-based Black Forest Games for its excellent Giana Sisters: Twisted Dreams on the Wii U eShop, but in the run up to its new project — DieselStormers — the developer has come under fire for choosing that particular title.

Italian clothing company DIESEL has filed legal opposition against Black Forest Games, declaring that the similarity in the game’s title to its company name would result in a “likelihood of confusion”. The DIESEL name is not just limited to clothing, and spans other wares such as gifts, toiletries and, in a broader sense, games.

Since the two companies are from different countries but are both within the European Union, it falls to the Office for the Harmonisation in the Internal Market — an EU agency — to make the final decision about the dispute. Our German friends have little more they can do than simply wait for the verdict.

In response to these allegations, the managing director of Black Forest Games Andreas Speer simply remarked:

The history of the Dieselstormers project is full of challenges. This dispute is simply one more thing to overcome, but we will not be deterred in our will to make a great game.

To find out more about DieselStormers you can check out the development blog here.

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User Comments (64)

CrazyOtto

#2

CrazyOtto said:

Ridiculous, I hear the word "deisel" all the time. Either that Italian clothing company is being a patent troll or they're trying to be like the Candy Crush devs.

Spoony_Tech

#3

Spoony_Tech said:

Seems petty to me. Diesel is also a type of fuel as well and should be allowed to be used where ever.

tsukipon

#4

tsukipon said:

This is ridiculous. Not only is Diesel a type of fuel but its not as if the game is specifically only called diesel. If this company loses that lawsuit, I will have lost faith in the law

outburst

#5

outburst said:

Yep ridiculous. I don't think Diesel are related to video games.

Anyway, did they improve the Giana Sisters' loading time? I am considering of getting that game. It looks beautiful as Trine2/Rayman/Child of Light.

Cipher

#6

Cipher said:

Diesel is fuel! For crying out loud, that's completely ridiculous.

sinalefa

#8

sinalefa said:

@outburst

Last time I checked, loading times are the same and they never patched the lack of sound in the Gamepad for the Wii U version.

Not sure if I was the only person not impressed with the game. Got bored after beating the first world.

Phantom_R

#10

Phantom_R said:

Apple should sue the city of New York. I mean, "The Big Apple"? That's gotta be copyright infringement.

outburst

#11

outburst said:

@sinalefa
Thanks. I will pass then. How about Trine 2 DC? I will hold on until they release Trine 1 Enchanted Edition with good reviews.

Geonjaha

#12

Geonjaha said:

Yeah, this isn't going to work. You cant copyright use of a word that actually means something. Diesel is a thing, and the game wasn't even called "Diesel" alone.

CaviarMeths

#14

CaviarMeths said:

I've never seen this Diesel clothing line, but I can only imagine something incredibly trashy. Who names their designer label after the gross smelling fuel you put in your dirty work truck?

PorllM

#16

PorllM said:

@outburst Recommend doing this highly, the Trine games are beautiful and I found them a lot more fun than Giana Sisters. There might even be some kind of eShop deal for buying both when T1 comes out.

Drac_Mazoku

#20

Drac_Mazoku said:

In other news, North America is still waiting for the patch to play Giana Sisters on the gamepad with sound. Europe got it, why are we still waiting. I love to play on my Gamepad (more than on my TV), so I've put the game on hold because I was waiting for this patch...

Wouwter

#21

Wouwter said:

So what other options do they have for the title? Levi'stormers? ...

I uhh... apparently only know one brand of jeans.

BertoFlyingFox

#22

BertoFlyingFox said:

The hell? Diesel is a German surname, Rudolf Diesel is the engineer who made the diesel engine. This is completely ridiculous lol.

Next up: Mcdonald's sues famous farmer for using same name.
"Frankly, we sell cows that go moo and chickens that go cluck...this children's song is entirely too similar to Mcdonalds branding. Shut it down!"

Darknyht

#23

Darknyht said:

Sorry, when I see the giant diesel powered mech in the image the last thing that comes to mind is overpriced Italian jeans.

MAB

#26

MAB said:

Untitled

The owners of DIESEL should be locked up and beaten to death with their own clothes for committing heinous crimes against fashion ;)

mike_intv

#27

mike_intv said:

@Drac_Mazoku

And I never get a response from the Black Forest Games (via Twitter). Last word was that the update was sent to NoA (supposedly).

As for Diesel, the clothing company would have to show it has made other things and then it might still be a stretch, although logic never seems to play a role in TM disputes. Also, the Italian clothing company is getting press out of this.

Reminds me of Mysteria on the Saturn.

rbygscrsedppbw

#29

rbygscrsedppbw said:

Awwwh nooo! I just went out and accidentally bought some fuel when I meant to buy jeans, then when I took it back to exchange it for the jeans, I bought a video game instead by accident :( they really need to change the name of the fuel and game, that's the third time that's happened this week ;)

sinalefa

#30

sinalefa said:

@outburst

To be honest, the demo turned me off so I passed. That is why I hate demos. They never convince me to get a game, they convince me to not get a game.

Kodeen

#31

Kodeen said:

Is this a video game or a pair of slacks? Should I put it in my gas tank? I'm so confused!

DiscoGentleman

#33

DiscoGentleman said:

This is so dumb. There will be no confusion. It's so pompous to think your brand is only associated with the one word.
Unless they had a line of shoes called dieselstormers, this should be a no brained: throw the case out. Hopefully it causes no hiccups for the tiny studio. Poor guys and gals.

Yorumi

#34

Yorumi said:

@mike_intv This is mostly fairly standard trademark stuff. When it comes to trademarks essentially you have to defend it or lose it. Companies just establish a history of defending their trademarks so that when it's really important they don't lose it from lack of defense in the past. It's why bethesda brought their case for scrolls and other such things happen. It's not really about winning the case but just showing they're actively defending their trademark.

Prizm

#35

Prizm said:

What bullpoopoodoodoocacapoopledoople. Hey I've got an idea, let's pick out a random everyday word in the english language, then say it's our brand name, and then sue anyone that tries to include that word in their product.
Please watch the profanity — TBD

Samurai_Goroh

#36

Samurai_Goroh said:

So, if they think they are entitled to the "Diesel" trademark, why don't they sue all the automakers and big oil companies in the world instead?
Just a bit of trivia and silliness,
According to Wikipedia, Rudolf Diesel patented it's diesel engine in Germany back in 1892. Little did he know he was infringing the trademark of an Italian clothing brand in the XXI century. Too bad, Rudy.

Shambo

#37

Shambo said:

"Hey; let's give our company a name that's already a word/name for something else. That way, whenever someone else uses that word in a name, we can sue them..."

ChessboardMan

#38

ChessboardMan said:

@Wouwter then Funimation and Manga UK sue them, mostly because Corporal Levi is angry at his name being used as a replacement for some so… Dirty!

Dr_Corndog

#39

Dr_Corndog said:

DIESEL might want to look into pursuing legal action against Shell and BP, too, the way they've been confusing customers into thinking that shirts and pants come out of those gas pumps.

dinosauryoshi

#40

dinosauryoshi said:

Next they'll be filing a claim against petrol stations for writing 'diesel' on their pumps. I mean come on, are they serious?

Pod

#41

Pod said:

Diesel is a surname.

Diesel fuel is named after the inventor of the motor using it.

The Diesel clothes brand, just like Dieselstormers, rely on this fact in their branding.

I'm pretty sure there wouldn't be much legal base for a suit against Black Forest.

BakaKnight

#42

BakaKnight said:

I think Black Forest should be the one considering to change name immediatly >o>;;;

The Diesel fashion brand already dealed with videogames in past, it sponsored Devil May Cry 2 and there were even costumes based on the brand to unlock in game.
Considering DMC2 was a terrible game that almost killed its own franchise maybe Black Forest should be the one to fear people could associate their game with the fashion brand ^_^;;;

Tlink7

#44

Tlink7 said:

What, are they going to complain about diesel trains aswell? What about the actual fuel? Can I go into a store and ask for a jerrycan of diesel without smartly-dressed Italian men beating me up? :P

Gelantious

#46

Gelantious said:

Those Italians must have been huffing the diesel fumes for too long... Rotted their brains.

KingMike

#49

KingMike said:

Either don't name your brand after single words in the English language or don't get upset when your name gets "infringed". :P

theblackdragonAdmin

#50

theblackdragon said:

Like i said in the forum thread about this, a quick Google search pulls up the fact that Diesel has been on a tear lately trying to stomp out counterfeiters and people genuinely attempting to use the Diesel brand name to sell other fashion clothing. This probably got caught up in the swell. I'm sure they'll all get things worked out in the end, and even if they have to change the name of the game itself, so what? a good game is a good game regardless what it's named.

outburst

#51

outburst said:

@sinalefa
Yeah I agree. I was turned off by the W101 demo, Trine 2 and some others. I will get W101 next though since I am now convinced it's a good game.

@Drac_Mazoku
They've already patched the gamepad problem of the EU version of Giana Sisters? Good to know. How about the long loading times?

@PorllM
Thanks. I will get both if Trine 1 gets a good review (no hiccups etc).

StarDust4Ever

#56

StarDust4Ever said:

Talk about brand dilution! This Italian clothing company should really be suing all those European gas stations selling Diesel-branded fuel. Not to be confused with Gasoline... :p

retro_player_22

#59

retro_player_22 said:

Since when did Diesel become a trademark name, other than Kevin Nash in WWF and the freaking gas station I always went to, the name Diesel can't be trademark.

Henmii

#62

Henmii said:

What nonsense! In my country diesel also means "fuel for your car". It never made sense that a jeans-brand uses a name for fuel.

BoobooMama

#64

BoobooMama said:

Black Forest should strap on a pair of jeans on the mech and photoshop him on a magazine cover just to piss them off XD

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