3D Realms has responded to Gearbox Software’s claim that the companies are unauthorized to the Duke Nukem trademark.
3D Realms, Apogee Software and Interceptor Entertainment submitted an answer to the suit stating that in Gearbox’s Asset Purchase Agreement the rights were only for Duke Nukem Forever and that 3D Realms would be able to “complete and sell a videogame called “Duke Nukem Survivor,” according to Destructoid.
Survivor is likely the name of the Duke Nukem: Mass Destruction title which first appeared on the Internet’s radar back in February.
3D Realms states Gearbox doesn’t own the Duke Nukem trademark as it was never included in the Asset Purchase Agreement, thus, the Duke Nukem trademark “rights remain the sole property of 3DR.”
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