Gearbox Software has filed a lawsuit against 3D Realms and Interceptor Entertainment this week over the two companies’ use of the Duke Nukem intellectual property, alleging trademark and copyright infringement, unfair competition and breach of contract.
According to a complaint filed by Gearbox in a U.S. District Court in the Northern District of Texas, the lawsuit starts from 3D Realms and Interceptor’s efforts to illegally exploit Gearbox’s intellectual property rights in the Duke Nukem video game franchise.
This lawsuit was filed because of the new proposed entry in the Duke Nukem franchise, Duke Nukem: Mass Destruction. Described as “an isometric action role-playing game for PC and PlayStation 4, by Interceptor.”
Recently, without any consultation from Duke IP’s actual owner – Gearbox, Interceptor Entertainment announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox.
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.
According to the filed lawsuit complaint, Duke Nukem: Mass Destruction has a release date of Feb. 25, 2014. A teaser website, alloutofgum.com is currently counting down to that date.
We can hope that Gearbox and Interceptor can work out some sort of publishing deal. It would be an absolute shame if this new game never saw the light of day (if it is good that is).
What do think of the this lawsuit by Gearbox over Duke Nukem? Let us know in the comments!