The Borderlands creators filed a lawsuit against both companies, alleging trademark and copyright infringement over unauthorized use of the Duke Nukem property.
“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,'” the complaint reads. “The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.”
Interestingly, one of the documents filed is a signed statement by 3D Realms CEO Scott Miller that acknowledges the infringement.
Gearbox acquired the rights to the franchise back in 2010.