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Gearbox to sue 3D Realms and Interceptor for Duke Nukem: Mass Destruction

Studios accused of 'illegally exploiting Gearbox's intellectual property'

Gearbox Software is suing 3D Realms and Interceptor Entertainment over alleged trademark violations pertaining to the Duke Nukem series.

According to the filed complaint, 3D Realms and Interceptor have made efforts "to illegally exploit Gearbox's intellectual property rights in the Duke Nukem video game franchise."

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The complaint suggests that 3D Realms and Interceptor has announced its intention to develop Duke Nukem: Mass Destruction without consulting with Gearbox.

Mass Destruction was revealed earlier this month in the form of a teaser website, which promises full details on the game on February 25.

Gearbox acquired the Duke Nukem IP from 3D Realms in 2010. According to the filed complaint, 3D Realms has continued to act as if the sale never occurred.

"Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened," the complaint reads, as obtained by Joystiq.

"By attempting to license the unlicensable, assign the unassignable, and effectively re-sell the exclusive rights that Gearbox already purchased in 2010, 3DR breached the terms of its APA with Gearbox, as well as Gearbox's exclusive, federally-protected intellectual property rights."

Gearbox also filed a document, signed by 3D Realms' Scott Miller and George Broussard, which acknowledges the infringement.

3D Realms announced its intention to sue Gearbox for over $2 million in allegedly upaid royalties last year, following Gearbox's acquisition of the Duke Nukem IP.

Months later, 3D Realms withdrew the lawsuit and apologised to Gearbox, with 3D Realms boss Scott Miller citing a "misunderstanding".

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