‘Round and ’round we go…
In response to Gearbox Softwarefiling a Complaintagainst 3D Realms and Interceptor for unauthorized use of theDuke Nukemtrademark, 3D Realms (along with Defendants Apogee Software and Interceptor Entertainment) submitted an Answer on July 05, 2025. It’s mostly boilerplate, with the Defendants denying or claiming insufficient information to the majority of paragraphs — the stuff that makes up most Answers.
However, it gets interesting when 3D Realms asserts its affirmative defenses. 3D Realms states that in the Asset Purchase Agreement that was executed to transfer the rights ofDuke Nukem Forever, that 3D Realms was entitled to complete and sell a videogame called “Duke Nukem Survivor.” This is apparently theDuke Nukem: Mass Destructiongame that is the subject of this matter.
Further, 3D Realms says that Gearbox doesn’t own theDuke Nukemtrademark anyway, as it was never part of the Asset Purchase Agreement. As the Answer puts it “TheDuke Nukemtrademark rights remain the sole property of 3DR.”
