For all intents and purposes, Gearbox now own the not just the rights to Duke Nukem, but the entire IP itself. At least, according to Gearbox. Interceptor and 3D Realms believe this to be nonsense, going so far as to tease a new Duke game in Duke Nukem: Mass Destruction with a website called www.AllOutOfGum.com. Litigation seems to be getting in the way.
That site now redirect to www.NoGumNeeded.com, a new site that features a bomb, a timer and absolutely no mentions of Duke Nukem whatsoever.
According to Gearbox’s lawyers, Interceptor’s Duke Nukem was essentially illegally using the name.
“Gearbox secured its rights on February 2, 2010, upon the execution of an Asset Purchase Agreement in which 3DR transferred, with certain very limited exceptions, all Duke Nukem intellectual property to Gearbox,” Gearbox’s lawyers affirm.
It’s something that 3D Realms has since conceded, in a declaration essentially saying “Umm..sorry.”
“Only Gearbox has possessed the right to use the Duke IP in the development of any and all new Duke Nukem games, ancillary projects and materials since February 2010,” the declaration states.
“Because such rights belong to Gearbox alone, development efforts such as 3DR’s Duke Nukem: Mass Destruction effort with others was not only unauthorized, but a material infringement of the Gearbox’s rights. I apologize to Gearbox for the infringement and breach represented by my efforts.”
It looks like Interceptor and 3DS Realms are carrying on with the game, only without the Duke Nukem property attached to it. Is it time for the Rise of Luke Dukem?
Last Updated: April 16, 2014