Fencer certainly could do as I've suggested with Bird's and Modern Bird's Chess. The first thing he'd have to do is have a different name for the game, if only to cut down on confusion as the where and who's in charge of it.
The game itself is a good game, regardless of what name it or the pieces have. Since Bird invented the game, I think it should be named in honor of him. Let Ed promote it and make his money, but give credit where credit is due. As for the licensing stuff, I doubt if we'll ever really find the true answer about the patenting and rights because it doesn't seem like there's that much money in it. Even if the courts completely side with Ed, how much could he win? Would he really want people to not make the game and incourage others to play it?
I think this discussion board should be expanded from just this one version of 10 X 8 Chess and the Marshall/Chancellor/Guard/Knight+Rook and Cardinal/Archbishop/Equerry/Knight+Bishop to include the other versions that have the same pieces and board or close enough to it. It'd also be nice if the site had the option to play the various versions of the games. The games I have in mind are Gothic Chess, Bird's Chess, Modern Bird's Chess, Grand Chess, and Capablanca Chess. I suppose the original, granddy version should be here as well, Carrera's Chess.

Caissus, it seems like someone a few months ago raised the same question you just posed. Couldn't Ed just get a patent in Europe? Or will they not grant a patent to a game that's a hundred old and almost an exact copy of it as they've done here in the United States?