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Gearbox Software has filed a lawsuit against 3D Realms and Interceptor Entertainment over allegations that the pair used the Duke Nukem intellectual property without permission.
In court documents filed by Gearbox last Friday, February 21, Gearbox accused 3D Realms and Interceptor of attempting to “illegally exploit” the company’s “intellectual property rights in the Duke Nukem video game franchise” with upcoming PS4/PC title Duke Nukem: Mass Destruction.
“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’,” reads the lawsuit.
“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 unauthorised development effort that reportedly exists between 3DR and Interceptor.”
Gearbox acquired the rights to Duke Nukem in February 2010, 13 years into the development of Duke Nukem Forever – a product, it “soon discovered”, that was “sorely deficient”.
“Gearbox’s bailout package for 3DS was memorialized in a February 2010 Asset Purchase Agreement (‘APA’), wherein Gearbox acquired the Duke Nukem intellectual property,” continues the filing. “Gearbox soon discovered that 3DR’s work product was sorely deficient; the mountain of problems subsequently uncovered by Gearbox cannot be captured in this single pleading.”
According to the filing, Gearbox issued a cease and desist letter to 3DR instructing the developer to “cease any and all use of the Duke IP”.
Three days later, a letter signed by 3D Realms partners Scott Miller and George Broussard was allegedly signed and delivered to Gearbox acknowledging and apologising for their mistake. However, a website thought to belong to the new game – alloutofgum.com – is still online.
Gearbox seeks damages for the misuse of the IP, requesting for an “amount to be proven at trial”.
Source: polygon.com
