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.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.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.
The long, painful battle between Microsoft and Portuguese board game maker Rui Alípio Monteiro over the European naming rights to Double Fine's downloadable mech combat game Trenched has finally come to an end.
Microsoft's head trademark legal adviser, shortly before his abdication of power.Microsoft signaled the end of hostilities today in Cologne, Germany at the opening of Gamescom, announcing that its legal forces would recede back to American borders. Instead, Microsoft will release Trenched in Europe this September under a new name, Iron Brigade, effectively surrendering the trademark to the name Trenched (and all derivations thereof) to General Monteiro.
Europe has suffered mightily during this time of conflict, with thousands of players unable to purchase Double Fine's alternate history World War I mech combat tower defense shooter due to the conflict with Monteiro's trademark, which stems from his board game, titled Trench. His trademark effectively blocked any advance by Microsoft into major European territories. Ultimately, a direct legal assault must have appeared too costly to Microsoft, and instead, the publisher chose American exile for the Trenched name.
In the end, this war likely could have been avoided altogether had someone at Microsoft's legal team simply done their due diligence and investigated the trademark ahead of time. Instead, countless Euros were lost due to an error in judgment so massive, it altered the very fabric of a downloadable game's branding.
From the ashes of this conflict, we can only hope that Microsoft works diligently to rebuild that branding, so that European players may recognize that this new Iron Brigade is, in fact, that Trenched game they wanted to play like three months ago, but couldn't because of that whole trademark thing. A Herculean task, no doubt, but one that must be done with vigor and determination. Otherwise, substantial profits will assuredly be lost to the flames of war.
We've previously covered the utterly baffling issue between Microsoft and Portuguese board game maker Rui Alípio Monteiro over the trademark for Trenched, Double Fine's World War I mech combat tower defense game currently available in the Americas, but as yet unreleased across the pond in Europe.
The filthy, ill-gotten brand name in question.In short: Monteiro owns the European rights to the name "Trench" and all relevant derivations thereof in several European territories. Evidently, someone at Microsoft didn't bother to check on that before attempting to release the game in Europe, resulting in a "whoopises!" situation that has thus far prevented European players from downloading the critically acclaimed title.
Up to this point, we've heard little from Monteiro on the matter, but today he finally broke his silence, releasing a lengthy statement to Eurogamer that signaled his intent to fight Microsoft on the matter, and also to release his own game under the Trench moniker somewhere down the road.
The original statement is rather lengthy and full of flowery descriptions of Monteiro's board game in question, but here are a few of the highlight paragraphs.
Always bearing the international market in mind, and after legal advice, Rui Alípio Monteiro registered the brand both in Portugal and internationally. In September 2009, he was granted the Trademark Registration Certificate for Trench nº 007508501 in the European Union. On 18th June 2010 he applied for the Trademark Registration of Trench in the USA, whose registration was granted on the 15th March 2011 under the Register nº 85066103.He also owns the international Certificates regarding the visual aspect of the game and components. Although the original idea was to produce a board game, he has also registered the trademark for electronic Games, since part of Rui Alípio Monteiro's global project is to turn Trench into an appealing electronic game, already in the development phase.A couple of interesting things to point out in those statements. One, he states that he applied for a US trademark in June of 2010, and was granted the trademark in March of this year. How this trademark failed to interfere with Trenched's US release is unclear, though it's possible that the US trademark did not include derivative titles.
On the subject of a Trench video game, Monteiro's statement goes on to state that his game has a developer and even a publisher for Spanish and Portuguese distribution.
In regards to Microsoft and Trenched, the statement finally reiterates Monteiro's plan to fight the publisher on any attempts to infringe upon his trademark.
"This company, until the present date, has never contacted nor has any relation with Rui Alípio Monteiro. 'Criações a Solo' and Rui Alípio Monteiro, taking into account all investment already made, cannot do anything else but to obviously defend all their author's copyright and intellectual property against any infringements, as any designer would, and perpetuate their creation with the main goal of putting Trench in the international Hall of Fame of both classic electronic and board games."Once again, this could all probably just end if Microsoft and Double Fine joined forces to re-brand Trenched in Europe. Movies do it all the time! Want to know what Basic Instinct was called in Japan? Smirk of Ice! What does that even mean? I don't know, but it still made money! And when Trenched is inevitably renamed to Super Mech Fighting Television Battlefield 120%, I'm sure it will make plenty of money then, too.
Until then, European players will just have to keep on waiting as they have been. Isn't trademark and copyright law fun?
So, this is weird.
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.