@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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