Ha ha, whoops!
So that Duke Nukem: Mass Destruction top-down action-RPG that surfaced a short while ago really isn't legally allowed to be made. There was even a countdown to some sort of reveal slated for February 25.
Haha, whoops!
The full complaint lays it all out for you. If you just want the meat and potatoes of lawsuit, here you go.
Recently—and without consulting the Duke IP’s actual owner, Gearbox— Interceptor announced its intent to develop a Duke Nukem game based upon the various characters, content and intellectual property owned by Gearbox; the proposed game is entitled “Duke Nukem: Mass Destruction.” Apparently, after selling its Duke Nukem IP rights to Gearbox in 2010, 3DR sought to privately convince others that the sale never happened. The result is the unauthorized development effort that reportedly exists between 3DR and Interceptor.
In a statement obtained by Joystiq, George Broussard and 3D Realms' CEO, Scott Miller, says that 3D Realms that they acknowledge the infringement.
I bet you never thought you'd see 3D Realms go down the path they've been headed for the past few years.
Dev: Well then why did Gearbox make that game in 2010?
3D: What game?
Dev: DN4E....
3D: WHAT? Thats preposterous! We will sue! So, about our deal...
I mean, come on! No, I didnt sell my car, I just lost the title, you can still buy it.