hot  /  reviews  /  video  /  blogs  /  forum

Gearbox files suit against 3D Realms over Duke Nukem IP

10:30 AM on 02.24.2014 // Brett Makedonski
  @Donski3

Gearbox alleges unauthorized use

Gearbox Software has filed a lawsuit in United States Federal Court against both 3D Realms and Interceptor Entertainment, alleging that the two colluded to use the Duke Nukem trademark and copyright unlawfully, and further alleging breach of contract and unfair competition. Gearbox is the owner of the Duke Nukem intellectual property as a result of the February 2, 2010 asset purchase agreement where the company bought all rights to the IP "with very limited exceptions."

The lawsuit arises from the development of Duke Nukem: Mass Destruction, an upcoming title by Interceptor that's described as "an isometric action role-playing game for PC and PS4." Gearbox alleges in the Complaint that 3D Realms negotiated a licensing deal with Interceptor for use of the Duke Nukem name after the asset purchase agreement, which also constitutes breach of contract.

Within the Complaint, Gearbox requests an injunction to prevent Mass Destruction from being released, statutory damages for each infringement, punitive damages for the Defendants' willful and wanton conduct, and reasonable attorney's fees.

3D Realms and Gearbox have a storied past when it comes to litigation. Recently, 3D Realms sued Gearbox over unpaid royalties from Duke Nukem Forever. However, 3D Realms quickly dropped the matter and issued a public apology.


 Reblog (or) Blog Reply



Brett Makedonski, Associate Editor
 Follow Blog + disclosure Donski3 Tips
Brett will sell you things in a dark alley -- mostly counterfeit watches and kidneys. more   |   staff directory

Get more destructoid:   We're indie-run, blogging for the love of it, and our site will always be free. Optionally, you can support us and get: (1) Faster pages from our cloud server (3) Wide(r)screen (3) No big ads on Dtoid, Japanator, Tomopop, or Flixist (4) Auto contest entries, and (5) Dibs on betas & downloads. Try it out

 Setup email comments

Unsavory comments? Please report harassment, spam, and hate speech to our moderators, and flag the user (we will ban users dishing bad karma). Can't see comments? Apps like Avast or browser extensions can cause it. You can fix it by adding *.disqus.com to your whitelists.
advertisement:




Back to Top


We follow moms on   Facebook  and   Twitter
  Light Theme      Dark Theme
What is the meaning of life, and do you have any more pizza rolls?
You may remix all content on this site under Creative Commons with Attribution
- Living the dream, Since 2006 -