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Gearbox levels Duke Nukem lawsuit at 3D Realms and Interceptor

Gearbox levels Duke Nukem lawsuit at 3D Realms and Interceptor

3D Realms sold the intellectual property for Duke Nukem to Gearbox in 2010 after failing to complete Duke Nukem Forever.

Gearbox Software is taking 3D Realms and Interceptor Entertainment to court over use of the Duke Nukem intellectual property.

In the lawsuit filed last week, Duke Nukem Forever developer Gearbox is accusing the two companies of trademark and copyright infringement, unfair competition and breach of contract. It is seeking damages and injunctive relief.

The legal action was sparked by Interceptor's announcement of Duke Nukem: Mass Destruction, an isometric action RPG which currently has a release date for later this month.

3D Realms were the original rights holders of Duke Nukem but sold the franchise in 2010 after its infamously long development cycle on what was going to be Duke Nukem Forever. Gearbox bought up the rights and surprised everyone by finishing and releasing the since cancelled game.

Following the sale, 3D realms did keep the rights to re-release older titles in the series like Duke Nukem 3D, which has since been released on Steam and the Apple App Store.

'Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened,' reads the legal complaint from Gearbox. 'The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.'

A cease and desist letter was already sent to 3D Realms earlier this month which was subsequently signed by 3D Realms chief executive Scott Miller and business partner George Broussard.

4 Comments

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greigaitken 24th February 2014, 09:10 Quote
Surely this should be open and shut since the contracts should state what rights were and weren't purchased
maverik-sg1 24th February 2014, 09:56 Quote
Duke Nukem in the spotlight again for all the wrong reasons.

Could've been one of the best franchises, now just a cash cow.

Agree though, seems like an easy win for Gearbox unless they can prove that somewhere either this new game was in fact a previously unreleased old game or they failed to read the smallprint and have been royally screwed in what they actually purchased in 2010.
ChaosDefinesOrder 24th February 2014, 10:42 Quote
It's time to kick ass and chew bubblegum...

and I'm all outta lawyers...
ChaosDefinesOrder 24th February 2014, 12:21 Quote
ooo oooo a better one:

"I'm going to rip off your IP and s*** down your franchise!"

much better...

/grabs coat
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