"denies all allegations" made by the Borderlands developer, and make their own accusations instead.
3DR "retains the right to develop" Duke Nukem Survivor, and that the trademark for Duke Nukem was "never assigned to Gearbox," but remains with 3D Realms.
It appears to now be a case of he said, she said, but there is a trail of legal paperwork. Gearbox moved to block Duke Nukem Survivor because it ''.
Randy Pitchford and his studio Gearbox Software claimed that the Duke Nukem trademark was still with them after saving 3D Realms from a legal war with Take-Two for failing to deliver Duke Nukem Forever. The sudden appearance of a new Duke Nukem from 3D Realms they claim is therefore violating licensing agreements.
3D Realms has now issued a statement on the situation, claiming they've been wronged:
"On March 17, 2014, 3D Realms filed its answer to the complaint by Gearbox Software in Dallas, Texas. 3DR denies all allegations set forth in the complaint. In its answer, 3DR has submitted evidence showing that Gearbox at no point intended to enter into good faith negotiations but instead sought to force former owners, Scott Miller and George Broussard, to improperly surrender what rightfully belonged to 3DR."
"It is our position that 3DR retains the right to develop the tentatively titled "Duke Nukem Survivor" game for specific platforms. This game was previously licensed for development to Interceptor Entertainment. Furthermore, it is our position that the Trademark for "Duke Nukem" was never assigned to Gearbox, but remains the sole property of 3DR."
Interceptor Entertainment recently purchased 3D Realms and was handling the new game project.
"As an independent and young studio, we have been very fortunate to work with companies such as Apogee and 3D Realms on amazing IP's such as Duke Nukem and Rise of the Triad. As true fans of these companies, their games and the amazing minds behind them, we have nothing but respect for the intellectual properties they have created as well as their rightful owners," said Interceptor in a statement of their own.
"We were extremely excited for our next reveal, but unfortunately due to the actions of Gearbox Software, Interceptor Entertainment decided to put this reveal on hold in respect of their lawsuit. However, 3D Realms and Interceptor Entertainment were rightfully developing our game and as you can imagine we were quite shocked when the accusations by Gearbox arose, as we have always acted within our legal rights. It's unfortunate that Gearbox has shown no intention of finding a peaceful solution with us. We will however continue to work towards a solution."
Curiously a letter at the time of Gearbox's objection to the sudden appearance of Duke Nukem: Mass Destruction, which is apparently being referred to as Survivor now, revealed that 3D Realms' Scott Miller and George Broussard knew they were breaking their agreement with Gearbox.
"I am aware that Exhibit 2.2 of the APA states that 'all future development in the Duke IP' is a development right exclusively held by Gearbox," the . "As such, 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," it continued.
"Because such rights belong to Gearbox alone, development efforts such as 3D Realms' Duke Nukem: Mass Destruction effort with others was not only unauthorized, but a material infringement of Gearbox's rights. I apologize to Gearbox for the infringement and breach represented by my efforts."
This is a direct contradiction of these new recent statements on the legal rumble. Oh well, that's what lawyers are for. Why duel in the streets when you can spend millions in legal fees and fight with money instead? Progress!
3D Realms "denies all allegations" by Gearbox, "retains the right" to Duke Nukem
27 March 2014 | By Simon Priest