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It's still Duke Nukem's fault: Gearbox sues 3D Realms

It's still  Duke Nukem 's fault: Gearbox sues 3D Realms
February 24, 2014 | By Mike Rose

Following the release of Duke Nukem Forever last year, 3D Realms sued Gearbox Software, stating that it was owed $2 million in royalties. The company later dropped the lawsuit, putting it down to a "misunderstanding."

Now Gearbox has filed its own lawsuit against 3D Realms, Interceptor Entertainment, and Apogee Software -- and it's all Duke Nukem's fault again.

Gearbox says that the trio of companies has utilized its Duke Nukem property without authorization, and that it is seeking a formal injunction against this alleged infringement.

The complaint comes down to a new Duke Nukem game, called Mass Destruction, that 3D Realms has recently been teasing. Gearbox has the rights to new Duke Nukem games, while 3D Realms owns any old titles in the series -- hence this new lawsuit.

"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 complaint.

"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."

Here's where it gets a little strange -- as part of its evidence in the suit, Gearbox has provided a declaration from 3D Realms, signed by both Scott Miller and George Broussard on February 16, 2014, in which both admit that 3D Realms has infringed on Gearbox's rights.

"Development efforts such as 3DR's Duke Nukem: Mass Destruction effort with others was not only unauthorized, but a material infringement of Gearbox's rights," reads the document, as signed by these two 3D Realms founders. You can read the document below.

Gearbox is looking to claim statutory damages for each infringement, and/or recovery of profits from each act of infringement. 3D Realms is yet to release a statement.

Exhibit D - Gearbox complaint

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