3D Realms: Gearbox Software Does Not Own The Duke Nukem IP

Gearbox Software is no stranger to lawsuits.  The company is already in the midst of legal battles with Sega over the poor quality of Aliens: Colonial Marines.  Now, they’re in for a fight with 3D Realms and their owner, Interceptor Entertainment, over the Duke Nukem IP.

Gearbox fired the first shots at the end of February claiming that they owned the IP and that 3D Realms and Interceptor were in the wrong for developing a Duke Nukem game.  Interceptor and 3D Realms have fired back at Gearbox with their own lawsuit.

“On March 17, 2014, 3D Realms filed its answer to the complaint by Gearbox Software in Dallas, Texas,” reads the statement from 3D Realms. “3DR denies all allegations set forth in the complaint. In its answer, 3DR has submitted evidence showing that Gearbox at no point intended to enter into good faith negotiations but instead sought to force former owners, Scott Miller and George Broussard, to improperly surrender what rightfully belonged to 3DR.

“It is our position that 3DR retains the right to develop the tentatively titled “Duke Nukem Survivor” game for specific platforms. This game was previously licensed for development to Interceptor Entertainment. Furthermore, it is our position that the Trademark for “Duke Nukem” was never assigned to Gearbox, but remains the sole property of 3DR.”

Interceptor has also released their own statement regarding Gearbox:

“As an independent and young studio, we have been very fortunate to work with companies such as Apogee and 3D Realms on amazing IP’s such as Duke Nukem and Rise of the Triad. As true fans of these companies, their games and the amazing minds behind them, we have nothing but respect for the intellectual properties they have created as well as their rightful owners.

“We were extremely excited for our next reveal, but unfortunately due to the actions of Gearbox Software, Interceptor Entertainment decided to put this reveal on hold in respect of their lawsuit. However, 3D Realms and Interceptor Entertainment were rightfully developing our game and as you can imagine we were quite shocked when the accusations by Gearbox arose, as we have always acted within our legal rights. It’s unfortunate that Gearbox has shown no intention of finding a peaceful solution with us. We will however continue to work towards a solution.”

We’ll let you know what happens with this case.  Gearbox Software has yet to respond.

Thanks, Polygon!