If you've been following the news, you know Apogee Software and Interceptor Entertainment recently teased a new Duke Nukem game . There's just one problem with that.
Neither company owns the Duke Nukem IP.
That's why Gearbox Software has filed a lawsuit against Apogee and Interceptor based on their intentions to release a "top-down action/RPG" called Duke Nukem: Mass Destruction . You may recall the teaser site that went along with the pseudo-unveiling.
Prior to the lawsuit, that site was counting down to February 25. Now, however, if you click through, you'll see the countdown has been replaced with a fake emergency broadcast signal. If you were wondering, 3D Realms was closed down in 2009 and the studio's legal name is now Apogee Software. As for the suit, Gearbox is seeking damages for trademark and copyright infringement, which "stems from efforts to illegally exploit Gearbox's intellectual property rights in the Duke Nukem video game franchise."
Gearbox's lawyers sent a cease and desist letter to 3D Realms' CEO Scott Miller:
"You and 3DR are colluding with other, equally-unauthorized parties to develop a new video game based upon the Duke Nukem IP. No developer reveres Duke Nukem and its fans more than Gearbox; it’s why Gearbox committed so much to rescuing Duke back in 2010. As you well know: 3DR’s rights were reduced under the terms of that rescue, not expanded."
3D Realms' Miller and George Broussard responded with a signed document acknowledging Gearbox's rights to the Duke Nukem IP. And yet, the teaser site remains…
Well, you know, if Gearbox was my studio, and we had been responsible for putting out that abominable piece of trash that was Duke Nukem Forever , I'd be denying all ownership – and indeed, all knowledge – of owning the franchise. "Who, us? Oh no…we don't own that IP…nope, don't know anything about it. Duke Nukem Forever ? …nope, never heard of that, either."