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Europeans Eagerly Awaiting Trenched Will Have to Wait a While Longer

A Portuguese board game-maker currently holds the rights to the name, thus preventing the game's release in certain territories.

So, this is weird.

Not for European consumption.
Not for European consumption.

Since Double Fine's mech combat tower defense game, Trenched, released to a fair bit of critical acclaim on Xbox Live Arcade last week, some European players have been baffled as to why the game hasn't seen release in their territory. Double Fine, by proxy of studio head Tim Schafer's Twitter feed, stated that they too were in the dark on the issue, and waiting for news (presumably from publisher Microsoft) just like everyone else.

That may be because the whole thing is kind of a big, honking screw-up on somebody's part. As it turns out, a Portuguese board game designer named Rui Alípio Monteiro owns the trademark on the name Trench (and presumably all derivations thereof) in pertinence to a board game he designed. The game has been around since 2007, and because of the trademark, Microsoft is evidently forbidden from releasing Trenched in several European territories.

Eurogamer contacted Monteiro, who simply confirmed the existence of the trademark and offered no additional comment, beyond a redirection to his website for info on the game. The board game in question also uses World War I as a theme, though is sadly lacking in mech suits and Rasputin-inspired, TV-obsessed bad guys.

Presumably, Double Fine could do a little patchwork to rename the game in the relevant territories, but sadly, it seems like no matter what ends up happening, some European players simply won't be able to play Trenched for at least a while longer. Perhaps they can take solace in the fact that Lucha Fury was released on XBLA in Europe last week with no hassle to speak of. And by take solace, I of course mean experience frequent bouts of unchecked, murderous rage.

Alex Navarro on Google+

128 Comments

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Klaimore

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Edited By Klaimore
@Robs_Knob that sounds like a great idea I'm in.
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RampageAssassin

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Edited By RampageAssassin

Someone obviously got lazy. I say FIRE them !!

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Rhaknar

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Edited By Rhaknar

fuck you Portugal
 
(i'm Portuguese...sorry guys :(

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alistercat

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Edited By alistercat

@EJStyleS said:

Make a US account, buy that shizzle with PayPal monies, then login with UK account. Shazam! In your face, copyright law!

That is going to completely fuck with their sales figures and might end up being a reason it sells poorly in Europe. I'd rather wait a little longer.

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warchief

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Edited By warchief

UK release of "Drenched" confirmed.

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Mahogany

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Edited By Mahogany

This is kind of extra stupid as Trenches, the iPhone game, has been available in the UK for months without any problems. 

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rahulricky

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Edited By rahulricky

that sucks, bought points just to play this game and Bastion. Ah well, I guess that makes Bastion the de facto XBLA GOTY?

Also, it isn't the fault of Monteiro, he hasn't done anything wrong here. Don't see why people are insulting him.

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Supercancer

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Edited By Supercancer
@Aishan said:
I wonder why this didn't come up before release, This sort of thing is one of many reasons that publishers have a Legal department, right?
Because I'm pretty sure Double Fine doesn't have a department dedicated to obscure board games in PORTUGAL.
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countinhallways

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Edited By countinhallways

I live in Ireland and I for one am delighted that this vile video game wasn't allowed to impinge on my enjoyment of some Portuguese board game I have never heard of! 
 
-_______-

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wilsouk

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Edited By wilsouk

@Supercancer: No, but Microsoft does

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birchman

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Edited By birchman

The portoguese dude should be thrilled that a game with a similar name is coming out, it might bring more attention to his board game.

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Savior82

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Edited By Savior82

After waiting a week, I caved in, bought US points and downloaded it on US Live account. Region differences stink, always. At least if you're in Europe.

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Animasta

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Edited By Animasta

I'm pretty sure they could still use drenched, because I think it's alright if it's a completely different type of product (such as water and video games, for instance)

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bakumatsu

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Edited By bakumatsu

Man seeing my country in a news like this is unbeliveble. We rarely are mentioned in the videogame industry..

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jeffgoldblum

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Edited By jeffgoldblum

A week later, "Tr3nched" was released in all affected territories.

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Aishan

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Edited By Aishan
@Supercancer said:
@Aishan said:
I wonder why this didn't come up before release, This sort of thing is one of many reasons that publishers have a Legal department, right?
Because I'm pretty sure Double Fine doesn't have a department dedicated to obscure board games in PORTUGAL.
However, it's published by Microsoft, who surely do have a legal team who know how to look up potential copyright infringements in various territories.
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Crono

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Edited By Crono
@JeffGoldblum said:

A week later, "Tr3nched" was released in all affected territories.

XD
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dr_mantas

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Edited By dr_mantas

They will just release it with the alternate title "The Game About Love: A Trenched Story". Or for our Portuguese friends "O jogo sobre o amor: uma história trenched"

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mnzy

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Edited By mnzy

Are there very tiny sandbags in the board game?

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robs_knob

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Edited By robs_knob

@Klaimore: You'll have to get your own axe. Oh and bring a spade, we'll need one.

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Helimocopter

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Edited By Helimocopter

Foxholed

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zameer

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Edited By zameer

Extremely ridiculous reason; I wouldn't expect anything less hilarious from Double Fine! 
 
Hopefully EU duders get it before or around Summer of Arcade

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deactivated-5a1d45de5ef23

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@rebgav said:

I don't see why they can't re-name it "Double Fine Trenched for Xbox Live" and release it. Or why they don't just come to an agreement with the guy who holds the copyright. This is all really silly.

My 2 cents:

the guy who holds the copyright is a dick and he wants money.

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M3rlin

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Edited By M3rlin

This is the times I'm glad I have a US xbox live account although I'm from Germany!

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deactivated-5a1d45de5ef23

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@rebgav said:

@Jethuty said:

@rebgav said:

I don't see why they can't re-name it "Double Fine Trenched for Xbox Live" and release it. Or why they don't just come to an agreement with the guy who holds the copyright. This is all really silly.

My 2 cents:

the guy who holds the copyright is a dick and he wants money.

That wouldn't stop them from re-naming it though, which is the weirder part. But really, how much money could a Portuguese board game tycoon possibly hold out for? Microsoft should just buy the damned board game outright, then have Rare pump out an XBLA version of that too.

apparently a lot.

also would you give that dick any money?

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Dredlockz

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Edited By Dredlockz

FUUUUUUUUUUUUUUUUUUUUUCK!

well, might as well play some trench, do I need to know Portuguese?

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Winternet

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Edited By Winternet

Hahaha a Portuguese guy is the reason why Trenched isn't coming out? Hilarious. I'ma give him a word. For the record, I've never seen a game called Trench.

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s-a-n-JR

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Edited By s-a-n-JR

Trench'd?

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kollay

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Edited By kollay

Tr3nch3d.

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CornishRocker

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Edited By CornishRocker

Hey, Portugese guy, stop being a dick and let us play the damned game!

*shakesfist *salute *salute *salute *salute *salute

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rmanthorp

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Edited By rmanthorp  Moderator

sadface

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deactivated-5d08c7763570d

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suppose i'll set up a US account and get it once I get a new 360 slim at the weekend

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bakumatsu

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Edited By bakumatsu

@mantasradzas said:

They will just release it with the alternate title "The Game About Love: A Trenched Story". Or for our Portuguese friends "O jogo sobre o amor: uma história trenched"

"O jogo sobre o amor: uma história nas trincheiras" :)

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nuclear_mouse

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Edited By nuclear_mouse

Why are people blaming the guy who holds the original trademark? If anything, blame the publisher for not doing their job and coming up with a proper alternate name ahead of time. This is game publishing 101 stuff here.

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Sogeman

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Edited By Sogeman

The one to blame is Microsoft, plain and simple. I'll just get Bastion once it's out and be happy. There'll be a Trenched DOTW in the future.

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pekoe212

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Edited By pekoe212

The Eurogamer reader "zabou" posted some very interesting information in the comment section of the Eurogamer article. It looks like Microsoft really didn't do their work:

"Apparently Mr. Monteiro created a board game in 2009 and registered the name TRENCH in 2009 in Europe and in Jun 2010 in US (not 2007 as said here). Since nobody said anything against it, it was approved in March 2011 for US,

http://www.trademarkia.com/trench-850661...

He introduced his board game to the professional traders this year at the TOY FAIR 2011 in Nuremberg with some success (I suppose it’s an honest amount of time to release something especially for a small company as they seem to be).

http://www.criacoesasolo.com/?p=530

What seems to have happened is that Microsoft/DF created a video game, decided to call it TRENCHED, announced it all over the world for the 22th of June 2011, but filled only on May 2011 to register the name, and when they finally discovered that they couldn’t use it, they decided to send it out just in US with the name “TRENCHED” (they probably think that the Portuguese won’t get them there) and are trying to find a solution for the European market.

http://www.trademarkia.com/trenched-8532...

To me it looks like Mr. Monteiro followed all the logical and legal procedures in the right order which is probably not the case for Microsoft/DF, and maybe that’s why they have been lying about the reason why they could not launch it in Europe on time.

Let’s see now how this will end. Will David defeat Goliath again, or will it be like Homer Simpsons VS. Bill Gates. Personally I will buy that “famous” board game ASAP."

http://videosift.com/video/Bill-Gates-Bu...

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Chipmunk

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Edited By Chipmunk

Awww what. Get trenched.

Sorry im European...I mean....get fenced. I really want to play this game! as a videogame and not some obscure boardgame.

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positron

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Edited By positron

I wonder would Double Fine have a case against Microsoft for loss of earnings here? Might not be the wisest course of action but they must be seething over this.

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ultimathule

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Edited By ultimathule
@pekoe212: Oh wow! That just screams of lazyness on Microsoft part, not even checking if it's registered in the US. 
 
Go tuga!
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Sharpshooter

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Edited By Sharpshooter

One is a noun, the other is a verb. I don't see the problem.

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craigbo180

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Edited By craigbo180

Release as drenched in Europe, re-skin mech's and walking submarines. Problem solved and a hilarious inside joke will have been taken too far. Two birds, one stone.

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Yanngc33

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Edited By Yanngc33

That Portuguese guy is kind of a dick. Who here wants to come with me and bomb his e-mail? ;)

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mavs

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Edited By mavs
@mahogany said:
This is kind of extra stupid as Trenches, the iPhone game, has been available in the UK for months without any problems. 
Since when did Apple give a shit about trademarks?
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DarkbeatDK

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Edited By DarkbeatDK

Rename it to Foxhole and you're done!

Perhaps they can take solace in the fact that Lucha Fury was released on XBLA in Europe last week with no hassle to speak of.

I wish I could hate you to bald!

*EDIT* Actually, how about calling the game "*****ed: European Extreme" and then bleep out all instances of the word "Trench" in the spoken dialogue?

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GioVANNI

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Edited By GioVANNI
@Supercancer: Microsfot published it, though.
 
Microsoft!
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StingerMK2

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Edited By StingerMK2

this is Microsofts fuck up, no one elses, the guy just want to protect his trademark, any other company would do the same

also; copywrite law SUCKS!