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3D Realms fires back at Gearbox:  Duke Nukem  is 'the sole property of 3DR'
3D Realms fires back at Gearbox: Duke Nukem is 'the sole property of 3DR'
March 26, 2014 | By Christian Nutt

March 26, 2014 | By Christian Nutt

Last month, Gearbox filed suit against 3D Realms over the rights to Duke Nukem. The company maintains that, along with the rights to publish Duke Nukem Forever, it obtained the IP -- and the sole right to publish new titles in the franchise.

However, it's come to light that 3D Realms and developer Interceptor are working together to create a new game in the franchise, variously titled Mass Destruction or Survivor depending on which documents you're reading. Gearbox has aimed, through this legal move, to put a stop to that.

Today, Polygon reports via statements provided by Interceptor and 3D Realms that 3D Realms plans to assert its rights IP and Interceptor will continue to develop the game. "3DR denies all allegations set forth in the complaint. ... it is our position that the Trademark for 'Duke Nukem' was never assigned to Gearbox, but remains the sole property of 3DR," reads the 3D Realms statement in part.

To catch up on the details of the suit, you can check out our prior reporting. This isn't the first legal bad blood between 3D Realms and Gearbox over Duke Nukem, incidentally, as the former brought suit against the latter over royalties, though 3D Realms later dropped that lawsuit.

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Ardney Carter
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Hmm. Must admit I didn't see that one coming.

Terry Matthes
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This should be good! *goes and gets some popcorn*

Leszek Szczepanski
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Is 3DR's sole goal to destroy Duke Nukem? Because most of what they've been doing for the last 15 years suggests just that...

Eric Geer
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Why do these guys care are so much about Duke Nukem? Should have just let him die a quiet death.

Dane MacMahon
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A quality game released after a significant time gap could be a huge success. IP is a big deal.

Benjamin Quintero
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I love how the Duke name was mud not too long ago. No one would touch it. Gearbox comes in and buys it up from an empty shell of a company that is in tears over it's 11 year failure. Suddenly none of that actually happened and law suits are being thrown over the fence. All the while there are scattered reports of public and official apologies on the part of the company who is now claiming that the property belongs to them after they sold it.

I can only imagine that there is a leg to stand on if the buyout used creative language to limit rights to only Duke Forever or if there was a clause for the game to reach a specific sales target before full rights are turned over to Gearbox. Since the sales of the game were crap, there is a strong argument there. Otherwise, this just looks like the 5 stages of grief, except 3DR has reverted from Bargaining back to Denial.

Maurício Gomes
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I must say that 3DR behaviour are getting more and more erratic and bizarre on my view...

Michael Thornberg
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I feel like they behave like someone unable to let go... Which explains a lot actually.

Ian Uniacke
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I would like to believe that this is a case of the best trolling ever.