Gearbox Sues In Texas, Alleging “Duke Nukem: Mass Destruction” Violates Its IP Rights

dueknukem3Texas-based Gearbox Software, LLC has sued Apogee Software, Ltd. (dba 3D Realms Entertainment) and Danish company Interceptor Entertainment ApS in Texas federal court, alleging that defendants infringed Gearbox’s rights to the popular “Duke Nukem” videogame franchise and its related intellectual property.

According to the Complaint filed February 21, 2014, Gearbox acquired the Duke Nukem franchise from 3DR in February 2010.  The “Asset Purchase Agreement” effecting the deal was (according to Gearbox) a boon to 3DR, which had purportedly attempted unsuccessfully to launch “Duke Nukem Forever” for years, and was mired in litigation with software publisher Take-Two Interactive Software, Inc. as a result.

In its present lawsuit, Gearbox alleges that the sale notwithstanding, 3DR has secretly worked with Interceptor Entertainment to develop a new Duke Nukem game entitled “Duke Nukem: Mass Destruction.”  The game is allegedly premised on what is now Gearbox’s “Duke Nukem” franchise and intellectual property.  Gearbox maintains it did not grant any license to defendants, and that defendants are therefore liable for (among other things) infringing Gearbox’s protected trademarks and copyrights.

3DR and Intereceptor Entertainment have not yet responded to Gearbox’s allegations.  The lawsuit is styled Gearbox Software, LLC v. Apogee Software, Ltd., et al., Case No. 3:14-cv-00710-L (N.D. Tex. Feb. 21 2014).