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3D Realms responds to Gearbox, claims it owns Duke Nukem trademark
3D Realms isn't backing down from its most recent legal dispute with Gearbox, after the studio asserted it has the rights to develop its Duke Nukem game, and more than that, it has the sole rights to the Duke Nukem trademark. Following 3D Realms' tease of Duke Nukem: Mass Destruction, Gearbox announced it's suing the developer over unauthorized use of the Duke Nukem property and a violation of trademarks. In its complaint, Gearbox said 3D Realms sold the franchise rights to Gearbox in 2010 but then "sought to privately convince others that the sale never happened." 3D Realms filed its response to Gearbox last week, and the now Interceptor-owned studio provided Polygon with the following statement explaining its position: "On March 17, 2014, 3D Realms filed its answer to the complaint by Gearbox Software in Dallas, Texas. 3DR denies all allegations set forth in the complaint. In its answer, 3DR has submitted evidence showing that Gearbox at no point intended to enter into good faith negotiations but instead sought to force former owners, Scott Miller and George Broussard, to improperly surrender what rightfully belonged to 3DR. "It is our position that 3DR retains the right to develop the tentatively titled "Duke Nukem Survivor" game for specific platforms. This game was previously licensed for development to Interceptor Entertainment. Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR." A spokesperson for Interceptor Entertainment explained "Duke Nukem Survivor" is the tentative title for Duke Nukem: Mass Destruction. Interceptor provided its own statement to Polygon, adding that "It's unfortunate that Gearbox has shown no intention of finding a peaceful solution with us. We will however continue to work towards a solution." Last month's legal action comes five months after 3D Realms and Gearbox's last dispute. 3D Realms filed a lawsuit against Gearbox in June 2013 over unpaid royalties from Duke Nukem Forever, only to withdraw it three months later after reviewing the evidence. [Image: Interceptor Entertainment]
Interceptor CEO on Duke Nukem case: We 'acted in good faith'
Interceptor CEO Frederik Schreiber has acknowledged yesterday's surprise lawsuit between Gearbox Software, the current license holder of the Duke Nukem franchise, and 3D Realms and Interceptor, the two studios currently collaborating on top-down shooter Duke Nukem: Mass Destruction. "We are aware of the lawsuit against 3D Realms and Interceptor," Interceptor CEO Frederik Schreiber told Game Informer. "It's an unfortunate situation, but we have acted in good faith and are working towards a resolution." 3D Realms has yet to comment on the situation. The Duke Nukem license was purchased by Gearbox in 2010. Yesterday's filing claims 3D Realms "sought to privately convince others that the sale never happened." This isn't the first time Gearbox and 3D Realms have gotten into a legal kerfuffle. After Gearbox purchased the Duke Nukem license and shipped Duke Nukem: Forever, 3D Realms sued over alleged unpaid royalties. A few months later, 3D Realms offered a public apology and dismissed the lawsuit. [Image: Gearbox]
Gearbox suing 3D Realms, Interceptor for 'unauthorized' Duke Nukem use
Gearbox Software filed a lawsuit against 3D Realms (3DR) and Interceptor Entertainment, accusing the studios of unauthorized use of the Duke Nukem property and alleging violation of trademarks held by Gearbox. The lawsuit points to 3D Realms' recent reveal of Duke Nukem: Mass Destruction, which features a teaser site with a timer counting down to February 25. "Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," the complaint reads. "The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor." Among the documents filed in the suit is a breach statement issued by Gearbox stating that 3D Realms infringed on Gearbox's intellectual property in addition to a statement signed by 3D Realms CEO Scott Miller and Duke Nukem co-creator George Broussard that acknowledged the infringement. In a statement filed to Joystiq, Gearbox Software said, "As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem." 3D Realms filed a lawsuit against Gearbox in June 2013 for alleged unpaid royalties for Duke Nukem Forever, and later issued a public apology and withdrawal of the lawsuit in September 2013. Gearbox took over the development of the game in September 2010 in addition to acquiring the rights to the brand from 3D Realms. [Image: Gearbox Software]
Duke Nukem: Mass Destruction teases top-down action
Duke Nukem: Mass Destruction is a top-down, action RPG for PC and PS4 from Interceptor Entertainment and 3D Realms, according to a teaser site at alloutofgum.com (warning: auto-playing, manly music) and a Facebook page. The Facebook page briefly contained scripts of alien text that described the death of a planet and the hard-won survival of its population, the Kyrr, as translated by fans. "Duke Nukem kicks ass across planets in an Unreal Engine-powered galactic adventure to save the president from an apocalyptic alien threat," the translation reads. "All new enemies. A never-before-seen arsenal of devastating weaponry and series-first mechanics, including experience points and tech trees, will let Duke rip 'em a new one in a way he never has before." Interceptor Entertainment is the studio behind Rise of the Triad and iOS ports of Duke Nukem games, and in December we noticed it was working on a PC and PS4 game dubbed "Project Ascender." 3D Realms handled 2011's Duke Nukem Forever with Gearbox Software, a relationship that ended with a canceled lawsuit and ... Duke Nukem Forever. The timer on Duke Nukem: Mass Destruction's teaser site hits zero on February 25. [Image: 3D Realms]
