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3D Realms Responds to Duke Nukem Lawsuit

There's a follow up to news that Gearbox is suing 3D Realms over Duke Nukem rights on Polygon, where they have a response from 3D Realms to the assertion that they and Interceptor Entertainment are infringing on the Duke IP with plans for Duke Nukem Survivor, the new working title for the project formerly known as Duke Nukem: Mass Destruction. Here's 3D Realms' statement:
"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."
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22. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 12:54 Willis
 
Kristian Joensen wrote on Mar 27, 2014, 05:04:
What good do those trademark registrations do Gearbox if the courts order the USPTO to to invalidate them?

These were transferred from 3DR to Gearbox, meaning there was solid evidence and agreement at the time from both parties for this to take place. The only reason the USPTO would invalidate in this case would be by court order, as they are previously established and enforced marks. A court order would require proof in the contract that Gearbox was not granted the rights to the marks, but I'm pretty sure Gearbox would have secured this up in the original contract, otherwise it would have been an obviously bad business move for them. Everyone knew DNF would not live up to the hype, they bought it for the future shovelware they would be able to sell.
 
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21. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 11:11 Drazula
 
3DR had such promise. Now they are bottom feeders. Sad.  
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20. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 06:06 Caslon
 
"The most curious bit of information is that Mass Destruction will be a top-down action role-playing game, with experience point and tech trees..." ???  
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19. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 05:04 Kristian Joensen
 
Willis wrote on Mar 26, 2014, 22:35:
Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR.

The public US Trademark database seems to disagree.

What good do those trademark registrations do Gearbox if the courts order the USPTO to to invalidate them?
 
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18. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 04:16 InBlack
 
Yeah, I cant decide which company is more deserving of our derision. Id have to go for Gearbox, since you cant really fault 3DR for spending all that money on hookers and blow.  
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I have a nifty blue line!
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17. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 04:15 Esoteric
 
Gearbox is going to win this. They have so much more money/lawyers it's just going to be settled, in Gearbox' favor.  
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16. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 02:31 Beelzebud
 
Anyone else find it extremely amusing that these two companies ended up in this mess together? They deserve each other.  
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15. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 27, 2014, 00:20 ^Drag0n^
 
****87 years later****

George Broussards' second clone promises "Duke Nukem Survivor" screenshots for GDC 2101, claiming the switch to idTech19 was the event that "turned the corner for the project..."

^D^
 
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"Never start a fight, but always finish it."
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14. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:48 nin
 
Wookiestick wrote on Mar 26, 2014, 22:45:
Long since after the bucket of chicken has been picked clean of scrap meat, 2 men fight over the bones.

OK, that made me giggle...

 
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13. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:45 Wookiestick
 
Long since after the bucket of chicken has been picked clean of scrap meat, 2 men fight over the bones.  
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Love thy wookie.
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12. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:44 nin
 
Willis wrote on Mar 26, 2014, 22:35:
Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR.

The public US Trademark database seems to disagree.

Yeah, that was the headscratcher. I was under the impression part of the deal was gearbox getting duke lock stock. So that even if DNF failed, they at least owned the rights for future games. (IE it was more of an investment in the future than a bet that DNF was going to crazy business.)

 
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11. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:35 Willis
 
Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR.

The public US Trademark database seems to disagree.
 
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10. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:27 netnerd85
 
ForgedReality wrote on Mar 26, 2014, 22:19:
Broussard is still a fucking douchenozzle.
Indeed but Randy took the crown, come on... Aliens.
 
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9. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:19 ForgedReality
 
Broussard is still a fucking douchenozzle.  
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8. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 22:18 Cutter
 
I am shocked, shocked I tell you, at how little I care.
 
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"Listen, Iím not the nicest guy in the Universe because Iím the smartest. And being nice is something stupid people do to hedge their bets." - Rick Sanchez
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7. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 21:55 Linksil
 
So basiclly they're saying that gearbox forced you to go into bankruptcy and sell off your things really really cheap? Oh and you didn't sell the IP you sold the GAME about that IP?

Wow, sadly this is going to get settled out of court so we'll never know what really happened.
 



Munching On: FF14 storyline, SAO PS4, Horizon.
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6. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 21:13 nin
 
jdreyer wrote on Mar 26, 2014, 21:08:
wtf_man wrote on Mar 26, 2014, 20:36:
This sounds a lot like Bethesda vs. Interplay.

It's much better than that. This is a title fight:

Broussard vs. Pitchford!

Clash of the Whitans!

Duking it out over the Duke!

I can't decide who's more deserving of a concussion. I'm leaning towards Randy, though...(esp after that whole Aliens thing)

 
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5. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 21:08  jdreyer 
 
wtf_man wrote on Mar 26, 2014, 20:36:
This sounds a lot like Bethesda vs. Interplay.

It's much better than that. This is a title fight:

Broussard vs. Pitchford!

Clash of the Whitans!

Duking it out over the Duke!
 
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"Blizzard fucked up what should have been the easiest pile of free money ever." - NKD
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4. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 21:02 Cpmartins
 
Damn this is depressing. It's like Interplay all over again. So many great memories earlier, so much dirt throwing later.  
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3. Re: 3D Realms Responds to Duke Nukem Lawsuit Mar 26, 2014, 20:55 netnerd85
 
Suck it down.  
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