Gearbox Sues 3D Realms Over Duke Nukem Rights

The recent Duke Nukem announcement tease is causing trouble, as Gearbox Software is suing 3D Realms and Interceptor Entertainment for IP infringement over unauthorized use of their Duke property. This will not be the first legal action following the sale of the Duke property to Gearbox, as 3D Realms previously sued Gearbox over unpaid royalties, though this lawsuit was later dropped. The new suit is over Duke Nukem: Mass Destruction, a new project which has yet to be officially announced on its teaser website, though a Facebook page outs this as "an isometric action role-playing game for PC and PlayStation 4, by Interceptor." This complaint outlines Gearbox's legal case here, which includes a passage saying "'No good deed goes unpunished.' 3DR’s actions illustrate the point, given the exceptional amount of support that Gearbox extended to 3DR, its ownership, and the Duke Nukem franchise that Gearbox must protect'." Here's more:
7. This case stems from efforts to illegally exploit Gearbox’s intellectual property rights in the Duke Nukem video game franchise. Specifically, Defendants Interceptor and 3DR have colluded to misappropriate and make infringing use of the Duke Nukem trademarks and copyrights owned by Gearbox. Gearbox secured its rights on February 2, 2010, upon the execution of an Asset Purchase Agreement (“APA”) in which 3DR transferred, with certain very limited exceptions, all Duke Nukem intellectual property (“Duke IP”) to Gearbox. The APA also specifically required 3DR or its licensees to seek the permission of Gearbox before making use of the Duke Nukem marks after February 2, 2010.

8. 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. 9.

9. 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.
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36.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 17:58
nin
 
36.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 17:58
Feb 23, 2014, 17:58
 nin
 
Cutter wrote on Feb 23, 2014, 17:53:
Do any of you really care? No. Ok thread done.

We're united in our disgust of Randy. Not done.

35.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 17:53
Cutter
 
35.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 17:53
Feb 23, 2014, 17:53
 Cutter
 
Do any of you really care? No. Ok thread done.
"Well, he’s not a villain Summer, but he shouldn’t be your hero. He’s more like a demon, or a super fucked up god." - Morty Smith
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34.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 17:14
34.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 17:14
Feb 23, 2014, 17:14
 
Two very scuzzy developers duking it out.
Avatar 17249
33.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 17:11
33.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 17:11
Feb 23, 2014, 17:11
 
So tf what they were not their games? They accepted the responsibility for those games. This just goes to show their integrity and lack thereof. When someone gets shiz on, it is because they earned the fallout.

32.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 16:16
nin
 
32.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 16:16
Feb 23, 2014, 16:16
 nin
 
Yosemite Sam wrote on Feb 23, 2014, 16:11:
Well you're all ready to dump on Gearbox but I'm on my first run on Borderlands 2 and am having a blast, great game. Sure they shit the bed with A:CM and DNF but those were not their games, so I'm still willing to give them the benefit of the doubt.

I think the Borderlands art style and humor would make a really good fit for another Duke game.


BL2 seems to be the exception to the rule, in their case. It's the first game of theirs that I actually liked...

31.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 16:11
31.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 16:11
Feb 23, 2014, 16:11
 
Well you're all ready to dump on Gearbox but I'm on my first run on Borderlands 2 and am having a blast, great game. Sure they shit the bed with A:CM and DNF but those were not their games, so I'm still willing to give them the benefit of the doubt.

I think the Borderlands art style and humor would make a really good fit for another Duke game.
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30.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:59
30.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:59
Feb 23, 2014, 15:59
 
Hyatus wrote on Feb 23, 2014, 12:15:
Task wrote on Feb 23, 2014, 12:00:
First they squash the better Duke Nukem 3D: Reloaded, just so they could squeeze sales out of the DKF they released KNOWING it would be SHITE, and they squash anything else by Interceptor.

The problem wasn't closing down the game, the problem was allowing Interceptor to start making it in the first place.

Inteceptor already had a playable version built in their internal development, which was admitted to be better looking and better playing than DNF even though Reloaded was unfinished.

This comment was edited on Feb 23, 2014, 16:07.
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29.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:56
29.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:56
Feb 23, 2014, 15:56
 
The license agreement says 3D Realms retains ownership of the earlier Duke games through Duke Nukem 3D. It's possible there's a loophole in the language saying they cannot produce more Duke Nukem "first person shooters" and nothing about ARPGs and sidescrollers, which left it open for interpretation.

It shouldn't be surprising to anyone who reads. But this is the Blue's community, after all.
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28.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:55
Darks
 
28.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:55
Feb 23, 2014, 15:55
 Darks
 
Fantaz wrote on Feb 23, 2014, 15:14:
now they're just trying to get attention... pathetic.

You would be incorrect. They are just trying to protect their rights. News outlet like Blues are the ones giving them the attention. Big diffidence!
Creator of the Neverwnter Nights Eye of the Beholder Series of Mods.

http://www.moddb.com/mods/eye-of-the-beholder-ii-ledgend-of-darkmoon
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27.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:55
mag
27.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:55
Feb 23, 2014, 15:55
mag
 
Kajetan wrote on Feb 23, 2014, 10:50:
Panickd wrote on Feb 23, 2014, 10:48:
This lawsuit is probably going to cost Gearbox more than they will ever be able to make on the Duke Nukem IP.
Why? If Gearbox has the IP, 3DRealms will loose and cover the expenses of the trial.

And, oh, 3DRealms changed the teaser page. In a way it seems, they anticipated all this.

The US does not have a loser-pays system. Sometimes court/attorney fees will be awarded, but it's by no means the norm.
26.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:30
26.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:30
Feb 23, 2014, 15:30
 
It's like two young brothers arguing who's going to keep the CD player they found in the basement. This IP is so dated now. Who cares?

This comment was edited on Feb 23, 2014, 15:37.
Steam: BenRichards
25.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 15:14
25.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 15:14
Feb 23, 2014, 15:14
 
now they're just trying to get attention... pathetic.
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24.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 14:46
24.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 14:46
Feb 23, 2014, 14:46
 
Beelzebud wrote on Feb 23, 2014, 14:02:
This is going to be like watching two drunk idiots beat each other up at a bar, when you don't give a shit what the outcome is.
.. and this is even somewhat entertaining. Especially compared to what they produced in the last decade or so. Your statement being so acurate reflects how low these people have fallen.
23.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 14:33
El Pit
 
23.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 14:33
Feb 23, 2014, 14:33
 El Pit
 
Gearbox to 3D Realms: All your base are belong to us!
"There is no right life in the wrong one." (Theodor W. Adorno, philosopher)
"Only a Sith deals in absolutes." (Obi-Wan Kenobi, Jedi)
22.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 14:20
22.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 14:20
Feb 23, 2014, 14:20
 
Not surprising considering the fallout IP lawsuit a few years back between interplay and bethesda. I think the contract included some weird condition that interplay would be allowed to make a Fallout Online game as long as they started development with at least $60 million in funding by a certain date. (or something like that) They never did so I think bethesda said that deal was now null and void so interplay wanted to sue them or something? Or maybe interplay tried to say it was in development when it wasn't because they were going to lose the option...

It's all annoying. It's really dumb to buy an IP like this with any exceptions. I guess if that is the only way you can buy it, with that exception then you do what you have to do.

Don't much care about 3DR or interceptor and this definitely makes Gearbox look less desirable as a game maker. (not a lot) I didn't think there was a way to make Duke look less interesting...I was wrong. A lawsuit definitely makes me with this whole franchise would crawl in a hole and die.
21.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 14:02
21.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 14:02
Feb 23, 2014, 14:02
 
This is going to be like watching two drunk idiots beat each other up at a bar, when you don't give a shit what the outcome is.
20.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 13:55
20.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 13:55
Feb 23, 2014, 13:55
 
Mad Max RW wrote on Feb 23, 2014, 12:25:
Shataan wrote on Feb 23, 2014, 12:06:
And just think we haven't seen what they are doing to Homeworld yet.

Oh god, somebody just diarrhead in my coffee.

Seriously, hadn't connected the Aliens franchise ruination to the fact that Gearbox recently bought Homeworld on the cheap.

RIP Relic.
19.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 13:35
19.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 13:35
Feb 23, 2014, 13:35
 
How could they make the Duke Nukem IP look worse? Any ideas?...I am all out
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18.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:40
18.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:40
Feb 23, 2014, 12:40
 
wtf_man wrote on Feb 23, 2014, 12:37:
Not sure whom I despise more... Randy or George.
So, it's good they found each other, dont ya think?
17.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:40
17.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:40
Feb 23, 2014, 12:40
 
If they really thought they could make a game with the Duke Nukem name on it, they are the stupidest people on the planet. Even if it's a marketing ploy with a name change, I doubt the game will ever see the light of day. That's a willful misuse of major IP, at BEST, and outright theft, at worst. Both 3drealms and interceptor cannot afford the consequences. Damages in the millions, easy. Eff 'em. Morons. If they think they can work out a deal with Gearbox, yeah right. This is likely personal now.
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