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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56 Replies. 3 pages. Viewing page 1.
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 10:40
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 10:40
Feb 23, 2014, 10:40
 
Oh lord. Duke just can't rest in peace.
Avatar 55108
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 10:48
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 10:48
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. It's kind of bullshit that 3DR is still trying to flay skin of that dead horse though.
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 10:50
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 10:50
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.
4.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 10:57
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 10:57
Feb 23, 2014, 10:57
 
This is a shame. The two people who still cared about Duke Nukem games are going to have to wait a lot longer for DN:MD now.

Avatar 54863
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 11:14
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 11:14
Feb 23, 2014, 11:14
 
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.

Or 3DR will just declare bankruptcy and leave Gearbox to pay their own lawyers (it probably cost them more just to draw up the paperwork for the trial than they have made off the Duke IP so far). There can't be a whole lot of cash there even to keep the lights on any more.
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 11:22
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 11:22
Feb 23, 2014, 11:22
 
Is there any surprise that an entity created by Broussard and Miller would be this desperate?

Somewhere in Texas there are some middle aged broken down strippers with IOU's looking for reimbursement.
7.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 11:29
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 11:29
Feb 23, 2014, 11:29
 
The King Never Dies.
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 11:46
8.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 11:46
Feb 23, 2014, 11:46
 
netnerd85 wrote on Feb 23, 2014, 11:29:
The King Never Dies.
Maybe, but he smells funny ...
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:00
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:00
Feb 23, 2014, 12:00
 
Gearbox can, as Duke would say, "Blow it out your ass."

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.

F*** Gearbox. Never buying their trash again.
Avatar 37119
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:06
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:06
Feb 23, 2014, 12:06
 
Gotta admit it. Gearbox bent Duke over in the latest GB Duke game. Gearbox as well horribley disfigured A CMs and sent the Alien franchise into an abyss so deep, it will prolly never recover from it.

As long as a certain entitled little schister is heading that company.... no title they attempt is gonna be safe. lol Agreed with Task below me there.

F*** Gearbox.

11.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:14
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:14
Feb 23, 2014, 12:14
 
That Duke Nukem Reloaded game did have really nice looking screen shots going for it. Why can't the company who was making that game just license the Duke Franchise for a small fee and then finish the game? Everybody wins. Give whoever owns it a small slice and make a ton of money off the finished game.
Just because you aren't afraid of something doesn't it mean it can't hurt you...
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:15
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:15
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.
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:22
nin
 
13.
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:22
Feb 23, 2014, 12:22
 nin
 
Task wrote on Feb 23, 2014, 12:00:
Gearbox can, as Duke would say, "Blow it out your ass."

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.

F*** Gearbox. Never buying their trash again.


Yeah, I've just about had it with them...

14.
 
Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:25
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:25
Feb 23, 2014, 12:25
 
Shataan wrote on Feb 23, 2014, 12:06:
Gotta admit it. Gearbox bent Duke over in the latest GB Duke game. Gearbox as well horribley disfigured A CMs and sent the Alien franchise into an abyss so deep, it will prolly never recover from it.

As long as a certain entitled little schister is heading that company.... no title they attempt is gonna be safe. lol Agreed with Task below me there.

F*** Gearbox.


And just think we haven't seen what they are doing to Homeworld yet.
Avatar 15920
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:36
KS
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:36
Feb 23, 2014, 12:36
KS
 
though a Facebook page outs this as "an isometric

And I'm outta here. G'nite, folks!
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 12:37
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights Feb 23, 2014, 12:37
Feb 23, 2014, 12:37
 
Not sure whom I despise more... Randy or George.

They both need a severe ass beating, IMO... and I don't normally wish violence upon Devs.
Get your games from GOG DAMMIT!
Avatar 19499
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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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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?
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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
DON'T LIKE MY COMMENTS?!? THEN STOP RELEASING GARBAGE.
Avatar 8515
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Re: Gearbox Sues 3D Realms Over Duke Nukem Rights
Feb 23, 2014, 13:55
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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.
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