3D Realms changes its tune: Duke Nukem trademark “remains the sole property of 3DR”

3D Realms fights back against Gearbox lawsuit

3D Realms and its new owners Interceptor have fired a shot across Gearbox’s bow in response to the lawsuit where Gearbox alleges that both companies are infringing on copyright by developing Duke Nukem: Mass Destruction.

This is a 180 degree turn, as 3D Realms previously admitted that they had no right to allow Interceptor to develop Duke Nukem: Mass Destruction, and they promised to stop being naughty. Then Interceptor bought 3D Realms and said that it hadn’t announced a Duke Nukem game – despite a Facebook page already plugging it. 

So 3D Realms, now under new ownership, is claiming that the studio retains the right to develop new Duke Nukem games, that Gearbox had no intention of entering good faith negotiations and it denies all allegations set out in the lawsuit. The trademark is also, according to 3D Realms, its sole property.

This might struggle to stand up in court considering the fact that 3D Realms previously admitted wrongdoing and that they had no right to develop new Duke Nukem titles.

Interceptor has also chimed in, echoing the statement from 3D Realms, saying “we have always acted within our legal rights.”

And while these three studios fight and change their stories, the rest of us are left to wonder: “Do we even want another Duke Nukem game?”

Cheers, Polygon.