Gearbox suing 3D Realms and Interceptor over Duke Nukem: Mass Destruction development

Phil Savage at

It's time to file legal documents and chew bubblegum, and Gearbox are all outta gum. As current caretakers of the 'King', the developers of Duke Nukem Forever are suing 3D Realms and Interceptor Entertainment over "unauthorized" use of the name. The filing is in response to Duke Nukem: Mass Destruction, a rumoured top-down ARPG, thought to be in joint development by 3D Realms and Interceptor.

Internet sleuths uncovered Duke Nukem: Mass Destruction by decoding the "alien" message that appeared on All Out Of Gum. Gearbox's complaint seems to back up this speculation, albeit with lawyers.

"Recently—and without consulting the Duke IP’s actual owner, Gearbox— Interceptor announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox; the proposed game is entitled 'Duke Nukem: Mass Destruction.' Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened. The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor."

As part of the filing is a document, signed by 3D Realms' George Broussard and Scott Miller, acknowledging the material breach of the Duke IP.

This isn't the first legal tussle between Duke's owners old and new. Last year, 3D Realms sued Gearbox, claiming unpaid royalties were due. Later, the company withdrew their complaint, and issued a public apology.

And so, once again, the most interesting thing to happen to Duke Nukem has nothing to do with any game that he's been in. It's almost weird to think that anyone would want to claim ownership of Duke at this point, especially after the awful Duke Nukem Forever. For anyone still inexplicably fond of the old action cliché, the status of Mass Destruction is currently unknown.

Thanks, Joystiq.