Gearbox Software has revealed that they are suing Interceptor and 3D Realms over the alleged Duke Nukem game the companies are teasing on Interceptor’s website.
The suit alleges trademark infringement, unfair competition, copyright infringement, and breach of contract in regards to the Duke Nukem intellectual property, all over a tease for an upcoming game apparently called Duke Nukem: Mass Destruction. For those of you wondering, the url http://www.alloutofgum.com/ now shows that footage of gum apparently blocked over with a logo indicating 'Emergency Broadcast Footage'. Whether this is still something Duke Nukem related has yet to be confirmed.
You can still read details on 3D Realms and Interceptor’s initial reveals curated here. It was described as a top-down action RPG for PC and Playstation, with the story having Duke rescuing the president from an alien invasion, and using the Unreal Engine.
Of course, 3D Realms, AKA Apogee, was the original creator and owner of the Duke Nukem franchise, dragging the franchise’s name in the mud in the 15 years the company developed Duke Nukem Forever. Duke Nukem Forever was eventually to be published by 2K Games and developed by Gearbox.
Although it was 2K Games which then had the legal interest in seeing Duke Nukem Forever come to fruition, Gearbox has now revealed that they purchased all rights to the property from 3D Realms on February 2010.
3D Realms is just not coming off looking good in said lawsuit. Gearbox detailed in their suit the pains they went through to finish Duke Nukem Forever, and even brought up the time 3D Realms tried to sue Gearbox for royalties.
It seems someone in 3D Realms didn’t get clarification that they really don’t own Duke Nukem anymore. For what it’s worth, they could have reset and made a spiritual successor of sorts, and old fans may still be on board. Gearbox may put the kibosh on this project being made, but there’s a part of me that wants to see what 3D Realms had in mind. We’ll see how this lawsuit plays out and keep you up to date.
