Gearbox has filed a complaint suit with the Northern District of Texas division of the US District Court against Interceptor Entertainment and 3D Realms – otherwise known as Apogee, the original developer of Duke Nukem.
Interceptor Entertainment appears to be working on a new Duke Nukem game, which is in violation of Gearbox’s trademarks and copyrights.
Gearbox, which apparently purchased nearly all rights to the franchise when it rescued Duke Nukem Forever, is suing for damages and injunctive relief due to an alleged seven counts of “trademark infringement, unfair competition, copyright infringement, and breach of contract”.
The suit alleges Interceptor and 3D Realms “colluded to misappropriate and make infringing use of the Duke Nukem trademarks and copyrights owned by Gearbox”.
“Gearbox secured its rights on February 2, 2010, upon the execution of an Asset Purchase Agreement in which 3DR transferred, with certain very limited exceptions, all Duke Nukem intellectual property to Gearbox,” Gearbox’s lawyers stated.
Gearbox backs up its claims with a copy of a 2010 contract signed by 3D Realms executives which shows 3D Realms giving up all rights except the chance to complete certain in-development titles.
“By attempting to license the unlicensable, assign the unassignable, and effectively re-sell the exclusive rights that Gearbox already purchased in 2010, 3DR breached the terms of its APA with Gearbox, as well as Gearbox’s exclusive, federally-protected intellectual property rights,” the developer continued.
“Only Gearbox has possessed the right to use the Duke IP in the development of any and all new Duke Nukem games, ancillary projects and materials since February 2010,” the declaration states.
“Because such rights belong to Gearbox alone, development efforts such as 3DR’s Duke Nukem: Mass Destruction effort with others was not only unauthorized, but a material infringement of the Gearbox’s rights. I apologize to Gearbox for the infringement and breach represented by my efforts.”
