Ah, Duke Nukem, that drama queen. Excitement over the announcement of Interceptor Entertainment's strategy title Duke Nukem Survivor, also known as Duke Nuken: Mass Destruction, was shortlived as Gearbox was quick to file a lawsuit of trademark ownership. Well, that's in addition to copyright infringement and breach of contract. 3D Realms, which Interceptor now owns, responded to those allegations today.
3D Realms denied the allegations of Gearbox, insisting that they were in fact the sole owners of the Duke Nukem trademark. Here's their full statement on the matter:
"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."
Odds are the breadth of this war between 3D Realms/Interceptor and Gearbox will never be revealed to the public. Both sides likely have rights, to some degree, to developer a sort of Duke Nukem game for specific platforms or in a specific genre. This lawsuit will likely bring about an arbitration war most will never truly see or understand and hurt both companies. Who knows when we'll see Duke again.