It’s strange — such commotion over a franchise that few folks would be willing to trust after the abortion-of-a-game Duke Nukem Forever tainted the disc-trays of gamer’s the world over. Perhaps 3D realms believes its beloved series is salvageable; maybe, just maybe with another decade or so of development, Duke Nukem can finally compete with the big-shots of triple A gaming. Whatever their reason may be, the company truly believes that the trademark they sold to Gearbox wasn’t part of the “deal.”
3D realms claims that the Asset Purchase Agreement didn’t include the Duke Nukem trademark, and that the original agreement also allowed the company to release a game titled “Duke Nukem Survivor.” This, of course, is in response to Gearbox’s complaint filed over the recent unauthorized use of the Duke Nukem trademark. Whether the matter will escalate from here remains to be seen. We do, however, know that the industry isn’t quite ready for Duke’s return.