After the confusion over Trenched not being released in Europe and the lack of update from either side of the matter, The Portuguese owner of the Trademark in Europe has announced that he intends to release his own video game under the same name.
In a statement to Eurogamer, through Portuguese company Criações a Solo, he said:
"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."
"Criações a Solo of Rui Alípio Monteiro and the pioneer project Trench are not related to and are chronologically previous to the XBLA game named Trenched, recently launched by Microsoft.
"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."
So what does this mean? Well it basically means we in Europe have a bit of a long wait before we see a game called Trenched showing up on our store. It is possible, and much more logical, that Microsoft will rename the game and release it under a different name, doing so would save a lot of time and money for everyone involved.
From the sounds of it, this game maker seems to be standing his ground and wanting to get as much money as possible out of Microsoft. I wouldn't be surprised if we later see legal action get taken. At the very least, I'm willing to bet that Criações a Solo are trying to see if they have any legal ground to stand on right now before Microsoft have started selling the game here. I for one hope this all gets sorted quick because I really really want to get to play this game.