3D Realms responds to Gearbox

[DrunknMunky Veteran]

3D Realms responds to Gearbox?s lawsuit stating owns the rights to Duke Nukem

Wednesday, 26th March 2014 21:01 GMT By Stephany Nunneley

 

3D Realms has responded to Gearbox Software?s claim that the companies are unauthorized to the Duke Nukem trademark.

 

3D Realms, Apogee Software and Interceptor Entertainment submitted an answer to the suit stating that in Gearbox?s Asset Purchase Agreement the rights were only for Duke Nukem Forever and that 3D Realms would be able to ?complete and sell a videogame called ?Duke Nukem Survivor,? according to Destructoid.

 

Survivor is likely the name of the Duke Nukem: Mass Destruction title which first appeared on the Internet?s radar back in February.

 

3D Realms states Gearbox doesn?t own the Duke Nukem trademark as it was never included in the Asset Purchase Agreement, thus, the Duke Nukem trademark ?rights remain the sole property of 3DR.?

 

http://www.vg247.com/2014/03/26/3d-realms-responds-to-gearboxs-lawsuit-stating-owns-the-rights-to-duke-nukem/

 

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Dueling Developers Go to War Over Duke Nukem?s Fate

• By Bo Moore and Chris Kohler

 

Them Duke boys are at it again.

 

Gearbox Software, the developer that eventually released the long-in-development Duke Nukem Forever, and 3D Realms, Duke?s original creator, are currently fighting it out in court over the question of whether 3D Realms has the rights to release a new game starring the king of all vaporware.

 

In its complaint filed in February, Gearbox says that it acquired the Duke Nukem property from 3D Realms in 2010 and that a recently announced game called Duke Nukem: Mass Destruction is unauthorized.

 

Last week, 3D Realms filed its response, saying that the terms of its agreement with Gearbox do in fact allow it to release this game.

 

?Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened,? reads Gearbox?s complaint. ?The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.?

 

Gearbox filed suit after the Denmark-based game studio Interceptor Entertainment put up a teaser website that said it would release Duke Nukem: Mass Destruction, in cooperation with 3D Realms but not Gearbox. Adding a bizarre new wrinkle to the case, Interceptor?s parent firm SDN Invest announced that it had acquired 3D Realms.

 

Continues...

[Elliot B.]

I just want a new Duke Nukem game! I enjoyed Forever :)

[compl3x]

I just want a new Duke Nukem game! I enjoyed Forever :)

 

You'd be one of the very few who did.

[Elliot B.]

You'd be one of the very few who did.

That's fine :)

[spaceelf]

You'd be one of the very few who did.

I enjoyed it as well.  It was stupid, but so was every other Duke Nukem game.

[The_Decryptor Veteran]

Man, imagine being 3DR and going to court to argue that you actually want to own Duke Nukem. You'd think they'd want to stay as far away as possible from that IP, it's not just tainted from the 15 year dev hell that was Forever, even worse, it's just bad.

[Brendeth]

Seems like a very valid counter-suit, I mean when you sell something to another person, isn't it still yours? /s

[Boo Berry]

Meh, I'm pretty indifferent about a new Duke Nukem game. I didn't like Forever at all.

[123456789A]

Captain Planet should take both of them to court because they have the original Duke Nukem.

 

[Boo Berry]

Well, there you have it. Trademarked and all! :P

[Raa]

I don't see why they're worrying, the game won't be out for 10 years. :laugh:

[Torolol]

didn't the very first game actually re-named to Duke Nukum, because fear of TM infringement?

[Shiranui]

I was disappointed by DNF - who wasn't - but I'd be happy to play a new Dook Nookem game that was actually done properly and to schedule.

[Liana]

didn't the very first game actually re-named to Duke Nukum, because fear of TM infringement?

According to Wikipedia, yes, because Apogee/3DR thought that the Duke Nukem from Captain Planet might be trademarked, but it wasn't.

[Aergan]

I for one hope 3D Realms keep Duke.