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European 'Trench' Trademark Owner Responds to Trenched Name Change

Trademark holders allege Microsoft wasn't very communicative during the process.

Both Trenched and Trench (the board game) pull from the trench-style warfare in World War I.
Both Trenched and Trench (the board game) pull from the trench-style warfare in World War I.

There is a strong likelihood that if you've played Double Fine's excellent action-strategy hybrid Trenched, you're probably someone from North America. Double Fine and Microsoft had every intention of releasing Trenched in Europe this summer, too, but a last-minute copyright issue pulled everything to a grinding halt.

A Portugese board game called Trench, designed by Rui Alípio Monteiro, was the problem. Besides the name, the issue becomes pretty clear just by watching the Trench trailer, which sports a World War I motif.

Instead, Trenched will arrive as Iron Brigade in September. Double Fine and Microsoft will have to alter various in-game assets to make the necessary tweaks to avoid trademark infringement with Trench.

When Trenched didn't show up in Europe, Microsoft and Double Fine didn't say very much. Microsoft blamed the issue on "unexpected challenges with distribution," while Double Fine simply apologized.

Monteiro released a statement to Eurogamer, explaining the history of his Trench trademark. Monteiro planned to release a board game, but his trademark covered games, too, and he'd been exploring the idea of an electronic version of Trench.

After the name change was announced, I contacted Monteiro and heard back from Phillip Moringer, the manager of Runadrake. Runadrake's responsible for the actual production of the Trench board game and the possible video game version.

"We at Runadrake would like to clarify a major misunderstanding," said Moringer.

A look at the still-in-production Trench, scheduled for a release this fall in Europe and North America.
A look at the still-in-production Trench, scheduled for a release this fall in Europe and North America.

Moringer said the video game adaptation is "is in development and does not have a release date," while the much more real board game is scheduled for October in Europe and November in North America.

"We are really [saddened by] Microsoft's lack of direct communication," he said over email. "Had there been an open line of communication, the delay would have been solved in no time and all player would have been able to enjoy both games earlier."

Trenched was the latest in a series of downloadable one-offs for Double Fine.
Trenched was the latest in a series of downloadable one-offs for Double Fine.

Remember, Runadrake is a Portugese company, so excuse the slightly awkward English responses to my questions.

"They made their decision to rebrand and spend a lot of extra effort and resources, that they could have used to create additional goodies in the game for all players, and that includes me personally," he continued.

Moringer wished Turneched-turned-Iron Brigade the best of luck, as he was looking forward to playing it.

"We had no intention in creating any delay to this game, especially since I personally would like to try the game out too," he concluded.

Throughout this process, Microsoft and Double Fine have remained--and continue to be--quiet.

Double Fine has said it's considering downloadable content for Trenched, but no specific plans have been announced.

Patrick Klepek on Google+

106 Comments

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MeatSim

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Edited By MeatSim

It's still a cool game regardless of what you call it.

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martellus

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Edited By martellus

what? no drenched?

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gamer_152

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Edited By gamer_152  Moderator

A lot of the comments here are coming off as very misinformed. Nobody likes their games being delayed but let's try and think about this rationally people. I think it's a little ridiculous that someone can hold the trademark for something as simple and widely used as the word 'Trench' and all it's variations but apparently Mr. Monteiro was awarded it, so that's the situation they're in, like it or not. I think one thing that a lot of people here don't realise is that if Mr. Monteiro didn't take action against this infringement on his trademark, legally he could have lost it.
 
The fact that Monteiro brought up the trademark issue does not implicitly mean that he was trying to attack or exploit anyone, he may very well have been just protecting his property. We can't make a lot of firm decisions about exactly what went right or wrong with which parties as there seems to be somewhat of a lack of information on the subject, but the way I see it, Microsoft and Double Fine are at fault for not checking if someone else owned the 'Trenched' name in Europe to begin with. As it is people here seem to be imagining motives Monteiro could have had which there are no evidence for and then judging him based on these imaginary motives. This is ridiculous.

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Frumpa

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Edited By Frumpa

Should be "Iron Squad" - Seems to me a brigade is more than 4 units. Or maybe "Tin Troop". I like that one ;)

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Bevinsky

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Edited By Bevinsky

Being able to trademark a word and all variations of it is pretty much bullshit. Just goes to show how trademarks and patents hinder progress.

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kobudo

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Edited By kobudo

We must stop being hypocrites ! Any one of us who work hard to create a product and a brand has never let go of the brand just because an incompetent and arrogant company needs the same brand! Or because their clients desperately want the product ...
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perilator666

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Edited By perilator666

Iron Brigade is a pretty good name.

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Driadon

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Edited By Driadon

Ah the internet, where everyone is opinionated about everything, including copyright laws they know nothing about. It's funny too, you can really recognize which users are more likely to give off that level of arrogance versus the ones that actually use their noggin.

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CraigAA1028

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Edited By CraigAA1028

Yay they used one of my images. I'm so honored

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gosukiller

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Edited By gosukiller

Regardless of werther Mr.  Moringer is speaking the truth, it seems a lot of people just don't read the article and go all like "yeah fuck this guy im with doublefine BOOHAA!".  
 
You guys need to take in mind that neither MS nor Double Fine has said anything on this issue, while the other side HAS offered an explanation that seems quite fair. I wouldn't be suprised if it's INDEED a bitch to talk to Microsoft directly in a legal issue, even if you want to 'help' them out.

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Jazz_Lafayette

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Edited By Jazz_Lafayette

Eurodouches strike again.

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SeriouslyNow

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Edited By SeriouslyNow

@AlexW00d said:

@Kujel said:

@SeriouslyNow: You're right Tim probably wouldn't support such a corporate war but I still say fuck this Portuguese guy, board games suck shit and always have.

I wish for a community free of people like this.

Hagrid.

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SeriouslyNow

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Edited By SeriouslyNow

@Kujel said:

@SeriouslyNow: You're right Tim probably wouldn't support such a corporate war but I still say fuck this Portuguese guy, board games suck shit and always have.

Of course you can. You're a nobody. What you say only affects you.

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Lotus

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Edited By Lotus

¡Caralho! dude, i don't get what all the fuss is about, the guy owns the trademark "Trench" and the double fine game is name Trenched right... so, i don't know anything about this lawyer shit, i'm majoring in mathematics but, what gives here?

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xaveri

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Edited By xaveri

Runadrake and Moringer can suck donkey balls. Go Iron Brigade, go go go! [ salute ]

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echelon11

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Edited By echelon11

"We had no intention in creating any delay to this game, especially since I personally would like to try the game out too,"

No, your intention wasn't to delay the game, it was to get a huge payday from an out of court settlement. I'm glad that Microsoft didn't back down, but then I'm not one of those that were subject to the delay.

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defraction

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Edited By defraction

  @shenstra: Stop making sense, please. 

 
Also, last time I checked, Microsoft has a Portuguese division, so the language barrier can't be used as an excuse (I'm not referring to shenstra, but someone else who used that argument). And I'm really glad they do, because everyone knows that Portuguese people can't speak proper English even if they really try. God knows I've tried :( We also HATE corporations.
 
But it's great to finally have a release date for the game. Looks pretty good.
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Nomin

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Edited By Nomin

Has anyone tried this board game, is it actually fun? 
As for the name change, I half expected 'Hats and Salutes Forever' or something like that. 

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buft

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Edited By buft

I'm going to buy his board game, unrelated to thid though. have you seen the trailer? it has ze multiplayer

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Wuddel

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Edited By Wuddel

@MrKlorox said:

And of course the internet is full of bitter, biased people, so his comments are falling on (mostly) blind eyes.

QFT.

Also I probably would play a turn based WWI themed board game...

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kobudo

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Edited By kobudo

We're all crazy? It is clear that the responsibility is Microsoft ! It remains absurdly quiet , without regard to Europe and we are protecting it ? Microsoft has no respect for the work of others or by their European customers ! It is cowardly because it allows Mr. Monteiro to be crucified !
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beforet

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Edited By beforet

I'm glad that the internet is full of people who are so willing to do God's work by defending the multibillion dollar corporations like Microsoft who are only trying to disregard the rights of those smaller than themselves. God bless, God bless all of you!

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deadmonkeys

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Edited By deadmonkeys

"BAWW I DIDN'T GET MY TRUCKLOADS OF MONEY. WHAT'S WRONG WITH YOU MICROSOFT?"

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shinluis

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Edited By shinluis
@benu302000 said:

"We had no intention of creating a delay"... We simply wanted loads of money.

Fuck Rui Alípio Monteiro. Fuck him to hell.

This.
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Mars_Cleric

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Edited By Mars_Cleric

@shenstra: well said

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AlexW00d

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Edited By AlexW00d

@Kujel said:

@SeriouslyNow: You're right Tim probably wouldn't support such a corporate war but I still say fuck this Portuguese guy, board games suck shit and always have.

I wish for a community free of people like this.

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Kujel

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Edited By Kujel
@SeriouslyNow: You're right Tim probably wouldn't support such a corporate  war but I still say fuck this Portuguese guy, board games suck shit and always have.
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SeriouslyNow

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Edited By SeriouslyNow

@whatisdelicious said:

YEAH. FUCK THAT PORTUGESE GUY. VIDEO GAMES. TIM SCHAFER. WOO.

What fucking annoys me is that most the pipsqueak children with such opinions don't even really know who Tim Schafer is beyond a few smaller Double Fine games and possibly that Jack Black vehicle. Tim Schafer wouldn't support this kind of corporate silent war malarkey (or least he supposedly wouldn't) and I'm really disappointed that he hasn't said a thing about it.

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deactivated-6620058d9fa01

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How dare this company in Portugese delay the release of Turneched.

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shenstra

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Edited By shenstra

@YukoAsho said:

While he had every right to bring up his trademark, Microsoft did exactly the right thing. This was clearly a move for a payoff on the Trenched name, probably to help with his own endeavors, and his video game was only announced to establish the potential for consumer confusion should Trenched actually come out under that name. MS denied the troll his publicity, dodged a legal hurdle and ensured the safe passage of the game into European territories by changing the name. It's sad that the game won't have the same name globally, but that's trademark law.

All this if fine and well if he actually is a trademark-troll. The thing is, he doesn't appear to be one. He's had this trademark for some time and has clearly been developing a product to go with it for even longer. Long before anyone outside of developers and publishers new about Trenched. In fact, he filed his claim before Double Fine's Amnesia Fortnight which resulted in the concept for Trenched.

Another thing to keep in mind: once you own a trademark, you have to protect it. If this guy hadn't protected his trademark on "Trench" and variations (which, granted, is a broad trademark to award; but that's an entirely different problem) , he would've lost his trademark. That usually doesn't happen, unless another company uses the mark and gains notoriety that the owner must have been aware of. Clearly this guy was aware of Trenched and realized that it would be, or rather that it already was, more notorious than his little game-to-be. Had he not taken legal action, which was provoked by Microsoft not doing its research, he could have lost his trademark.

Why didn't he just give up on the trademark and come up with a new name? Well, because he picked this name, took the trouble to apply for a trademark, was granted the trademark, paid for the trademark and owns the trademark. You wouldn't expect me to give my car to Carlos Slim if he couldn't find his own. Why should this guy just give up his trademark when Microsoft decides it wants to release a game which violates said trademark?

Perhaps Microsoft would've had to part with a tiny bit of money in an agreement. Entirely reasonable, if you're going to let someone violate a trademark you own. Or perhaps they would've only had to add a subtitle, or a pre-title of some sort. Or maybe all they'd have to do is ask. It would be mighty nice of this Portuguese guy to let someone violate his trademark without compensation, but it's not quite the same as giving up your trademark. Microsoft could've published under the name Trenched, without paying him anything, but with his permission, which would've left him with a strong trademark claim against all future challengers.

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deactivated-6058f06e73ee8

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I'm a big fan of Trenched and somebody who doesn't irrationally hate Portuguese men I've not met so I'm glad this is coming to an end.

Everyone saying 'fuck this guy' should probably take a little step back and think about how ridiculous they're being.

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artgarcrunkle

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Edited By artgarcrunkle
@akiz_jack: Looking like a hack is a cool way to troll people.
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Brackynews

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Edited By Brackynews

I was hoping for "Riot Act".

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RobertOrri

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Edited By RobertOrri

@sthusby said:

Well, I'm Norway, which is part of Europe. And I have Trenched on my 360. What's up with that?

You are Norway? Wow. Pleased to meet you!

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McGhee

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Edited By McGhee

@jozzy said:

"We are really [saddened by] Microsoft's lack of direct communication," he said over email. "Had there been an open line of communication, the delay would have been solved in no time and all player would have been able to enjoy both games earlier."

He should have at least mentioned in this quote what kind of agreement they could have reached so easily and quickly. Sum of cash, promise to publish or advertise their Trenched game, ...?

This is exactly what I thought. It sounds like he was whining, "Oh why didn't Microsoft offer to pay us a bunch of money to use the name?"

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wickedsc3

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Edited By wickedsc3

@whatisdelicious said:

Oh lord. I'm just going to avoid the comments on this one. I don't feel like reading another 150 comments on why Double Fine is our new lord and savior and Trenched is so awesome and HOW DARE this guy who legally owned the trademark for the name over a year before Trenched even existed try to stop Trenched from being released in Europe? Because that's totally his fault, and not Microsoft and Double Fine's fault for picking a super generic name without taking 5 minutes to do their jobs and check to see if it was taken first. YEAH. FUCK THAT PORTUGESE GUY. VIDEO GAMES. TIM SCHAFER. WOO.

You didn't avoid commenting very well. You really should have though.

On topic, I wonder why he did not disclose what the terms were that would have made this process so easy. Sounds like he just wanted to make him self look good so it does not hurt his game. I'm sure if it was a reasonable offer Microsoft would have easily got the deal done as soon as possible.

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eulogize_my_baked_goods

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@Aishan said:

After-all: My Toy is More Important Than Your Toy.

This.

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Deusoma

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Edited By Deusoma
@Rocospi said:
"We had no intention in creating any delay to this game, especially since I personally would like to try the game out too," Bullshit. Have fun with your dumbass board game, and good luck when the internet trolls the shit out of your product if it even releases.
Do you need a hug, friend Roco? It'll make you feel better. :)
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Cincaid

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Edited By Cincaid

@sthusby said:

Well, I'm Norway, which is part of Europe. And I have Trenched on my 360. What's up with that?

Norway is not a part of EU.

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RedRocketWestie

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Edited By RedRocketWestie

I really don't think anyone has enough information to take anyone's side on this. What we see can be explained by a misunderstanding (between a language barrier and a cautious corporation, it's conceivable), or careful maneuvering by the "little guy" trying to get paid off by the big corporation, then salvaging the bad PR with a cooked-up story later. Since the big corporation won't weigh in (and really shouldn't from their perspective), all we have is speculation.

I'll say it again: All we have is speculation. No matter how sensible that speculation seems, no matter how likely it is that you're right, you probably shouldn't be investing the emotional energy in it to get so upset about something that is, ostensibly, resolved.

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sthusby

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Edited By sthusby

Well, I'm Norway, which is part of Europe. And I have Trenched on my 360. What's up with that?

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Brendan

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Edited By Brendan

@whatisdelicious said:

Oh lord. I'm just going to avoid the comments on this one. I don't feel like reading another 150 comments on why Double Fine is our new lord and savior and Trenched is so awesome and HOW DARE this guy who legally owned the trademark for the name over a year before Trenched even existed try to stop Trenched from being released in Europe? Because that's totally his fault, and not Microsoft and Double Fine's fault for picking a super generic name without taking 5 minutes to do their jobs and check to see if it was taken first. YEAH. FUCK THAT PORTUGESE GUY. VIDEO GAMES. TIM SCHAFER. WOO.

You gotta know by now that internet people become so biased towards sides that they have an emotional attachment to that they stop thinking rationally and just throw vitriol at others.

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Aas

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Edited By Aas

Eh, I live in Norway and I have been able to purchase Trenched for weeks...

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benu302000

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Edited By benu302000

"We had no intention of creating a delay"... We simply wanted loads of money.

Fuck Rui Alípio Monteiro. Fuck him to hell.

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Edited By yukoasho

While he had every right to bring up his trademark, Microsoft did exactly the right thing.  This was clearly a move for a payoff on the Trenched name, probably to help with his own endeavors, and his video game was only announced to establish the potential for consumer confusion should Trenched actually come out under that name.  MS denied the troll his publicity, dodged a legal hurdle and ensured the safe passage of the game into European territories by changing the name.  It's sad that the game won't have the same name globally, but that's trademark law.

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probablytuna

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Edited By probablytuna

@edgefusion said:

"Turneched" Throw this article on the ever growing mountain of articles by Patrick Klepek that haven't been proof-read properly.

I'm starting to believe that Patrick is trolling us, or that's how he likes to leave his mark so we know exactly who wrote the article.

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234r2we232

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Edited By 234r2we232
@Rocospi said:
"We had no intention in creating any delay to this game, especially since I personally would like to try the game out too," Bullshit. Have fun with your dumbass board game, and good luck when the internet trolls the shit out of your product if it even releases.
Giant Bomb community, ladies and gents :/
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knightlyknave

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Edited By knightlyknave

Am I the only one who's dying to play the board game now?

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Edited By onan

I'm still surprised anyone is able to hold a trademark for a word synonymous with WWI. Do they own rights to WWI as well?

By this logic, Activision should sue everyone because they made and trademarked a game called "Gun", and 90% of games released today have guns in them that are referred to as "guns".

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White_Silhouette

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Edited By White_Silhouette

Trenched is coming out in Europe! This is awesome for those who haven't had a chance to play it.