The current owners of the Duke Nukem IP, Gearbox Software, is suing 3D Realms and Interceptor Entertainment. Gearbox has accused the studios of using the Duke Nukem property without authorization. The lawsuit is over 3D Realm’s new Duke Nukem game, Duke Nukem: Mass Destruction which was revealed via a teaser website that has a clock counting down to the 25th of February.
The complaint states: “Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened,” it continues: “The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.”
There is also a breach statement from Gearbox that states 3D Realms has infringed on Gearbox’s intellectual property as well as another statement which is signed by the CEO of 3D Realms, Scott Miller and Duke Nukem co-creator George Broussard. This statement shows that the two acknowledge the infringement.
It’s worth noting that in June 2013, 3D realms filed a lawsuit against Gearbox Software for supposed unpaid royalties for Duke Nukem Forever but then withdrew the lawsuit and issued a public apology in September 2013.