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Post by Dan @ 11:03am 24/02/14 | 18 Comments
Gearbox Software has filed a lawsuit against publisher 3D Realms, alleging trademark and copyright infringement, unfair competition and breach of contract regarding the use of the Duke Nukem intellectual property (thanks Polygon).

No new Duke Nukem game has even been announced at this point, but a teaser website alloutofgum.com has been counting down to a February 25 reveal of a game that a previous slip up indicated was an action RPG titled Duke Nukem Mass Destruction, from Interceptor Entertainment, the Danish indie studio behind the recent Rise of the Triad remake.

Details from the suit, filed by Gearbox in a Northern District of Texas Court describe Gearbox's perceived ownership of the franchise rights, acquired when it purchased troubled Duke Nukem Forever in 2010.
Recently — and without consulting the Duke IP's actual owner, Gearbox — Interceptor announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox; the proposed game is entitled "Duke Nukem: Mass Destruction." Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened. The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.

By attempting to license the unlicensable, assign the unassignable, and effectively re-sell the exclusive rights that Gearbox already purchased in 2010, 3DR breached the terms of its APA with Gearbox, as well as Gearbox's exclusive, federally-protected intellectual property rights. Unfortunately, the 3DR-Interceptor maneuver has left Gearbox with little choice but to bring these claims.
The complaint also describes a cease and desist letter sent by Gearbox to 3DR on February 13, which was allegedly signed and acknowledged, and yet puzzlingly the teaser site remains. At the time of posting, the alloutofgum site is showing an "Emergency Broadcast System" image obscuring the countdown, with the sounds of sirens and gunfire playing on loop.

This latest development comes after 3D Realms had attempted to sue Gearbox for alleged unpaid Duke Nukem Forever Royalties, which it later withdrew and explained as a misunderstanding of the agreement.












Latest Comments
greazy
Posted 11:32am 24/2/14
Wait so Interceptor was making Duke game but it never finished it. 3D realms sold the IP to Gearbox.

Gearbox made the latest Duke game.

3D realms thinks it still owns the IP and started making it's own Duke game through Inteceptor.

Gearbox is suing both.

Wat
parabol
Posted 11:34am 24/2/14
Gearbox needs to be sued over the abomination that was DNF.

It was the only game that resulted in my scouring the steam forums to find a way to unlink the game from my account permanently.
Audi
Posted 12:13pm 24/2/14
Gearbox can eat a d***.
Tribal07
Posted 12:27pm 24/2/14
You people really need to go over some things, 1st thing gearbox never made dnf they polished the game up a bit fixed multiplayer aspects a bit than released it, 3d realms created at least 3/4 of dnf before having to hand it over to gearbox, but on the other side, it should never have been released anyways the only half decent thing in that game was the updated duke nukem theme at the start. I had a point somewhere but I forget now.... Oh well.
greazy
Posted 01:02pm 24/2/14
You people really need to go over some things, 1st thing gearbox never made dnf they polished the game up a bit fixed multiplayer aspects a bit than released it, 3d realms created at least 3/4 of dnf before having to hand it over to gearbox, but on the other side, it should never have been released anyways the only half decent thing in that game was the updated duke nukem theme at the start. I had a point somewhere but I forget now.... Oh well.

This is true.

It starting to sound like Gearbox took Duke Nukem Forever over because they saw a way to buy a really famous IP for cheap. They finished DNF which was s*** anyway just to get the IP
Audi
Posted 01:34pm 24/2/14
You people really need to go over some things.


Randy Pitchford is a f*****g s*** c***. Every time he speaks about a game its a bulls*** market speak.
Feel sorry for anyone that wasted a second of their life on Aliens: Colonial Marines.

I had a point somewhere but I forget now.... Oh well.


Just have another bong, it'll come back.
PRiME
Posted 02:57pm 24/2/14
Well I won't be paying for a Gearbox game ever again, f*****s.
DeathKbot
Posted 03:01pm 24/2/14
Hey guys just throwing my 2 cents on the subject as a disappointed A:CM owner, it just seems like poor little gearbox trying to recover money from blueballs syndrome.
Enska
Posted 05:16pm 24/2/14
Is it just me or does 3d realms seem to continuously put their foot in it when it comes to this ip?

I've never been a fan of anything Gearbox apart from Borderlands because they seem to be more interested in pushing out sub-par titles for quick cash (Borderlands being the exception) but this isn't the first time 3d realms have gotten themselves in s*** for holding on to something that clearly isn't theirs anymore.
IVY_MiKe
Posted 05:20pm 24/2/14
Sure Gearbox, sue someone else for potentially making something good with what was previously 'un-f***upable' IP...

If you're going to sue someone else for using it, why not show us how you'll responsibly make /better/ use of this IP.
Mosfx
Posted 06:36pm 24/2/14
Sounds like there are two sides to this story he said she said.

Gearbox can go around saying they only brushed DNF up to get it out finally since it was in development for 10 years. But what is their excuse for A:CM?

Borderlands was an awesome game, but Borderlands 2 was the same thing rewrapped I got bored of it quite quickly, I will give Gearbox one more try at a game before I write them off forever.

I honestly thought 3D Realms went under, surprised they are still around.

Oh and the Rise of the Triad remake was s***
ph33x
Posted 06:51pm 24/2/14
^ Yeah, I was interested in getting ROTT as an old-time fan of the original. I could tell from 15 secs of gameplay footage that it was s***. Sucks too. :(
d^
Posted 07:00pm 24/2/14

It was the only game that resulted in my scouring the steam forums to find a way to unlink the game from my account permanently.


So is this possible?
parabol
Posted 08:19pm 24/2/14

So is this possible?

Apparently yes, after jumping through some hoops:

http://runningwithscissors.com/main/index.php?topic=755.0
Crakaveli
Posted 09:37pm 24/2/14
who gives a f*** if it's linked to your account?
IVY_MiKe
Posted 01:36am 25/2/14
WTF, the ROTT remake is actually f***** solid.

It's a REMAKE of the original. The controls feel near identical, and the actual gameplay is so close to the original I don't know what to tell you guys...

If you didn't want ROTT maybe, just maybe, you shouldn't have bought ROTT...
PRiME
Posted 11:39am 25/2/14
I think ROTT turned out well from what people have told me.

Also I believe this Duke game 3DR is working on is the one that has been in development when the DNF deal went through which stated they would be allowed to work on one title that was still in development at the time with 3DR, so basically Gearbox are trying to pretend like this isn't that title and is infact a entirely new game made after the fact...

Not sure if that will fly in court..
Audi
Posted 02:00pm 25/2/14
WTF, the ROTT remake is actually f***** solid.


Bulls***. When it launched you couldn't even setup a map MP map rotation. It was well below par.
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