It looks like Duke Nukem can't be forever now that Gearbox has filed a lawsuit against the Duke's original creator 3D Realms and Interceptor Entertainment over the unauthorized use of the king.

Joystiq reported that Gearbox Software, responsible for the likes of the Borderlands series and Aliens: Colonial Marines, has recently filed a lawsuit for trademark violation and unauthorized use of the Duke Nukem name against 3D Realms and Interceptor Entertainment. 3D Realms was the original creator and former owner of the Duke Nukem property until it sold the rights to Gearbox in 2010.

This lawsuit has been made in regards to Duke Nukem: Mass Destruction, whose teaser site has been released and was scheduled to unveil on Feb. 25. This past June, 3D Realms sued Gearbox for not receiving full payment for the rights to Duke Nukem Forever, but 3D Realms dropped the lawsuit shortly after it was made and publicly apologized for it.

"As the filing shows, 3DR's wrongdoing is both admitted and unfortunate for everyone who cares about Duke Nukem," Gearbox said in a statement to Joystiq. Gearbox alleged 3D Realms continued to offer the Duke license for sale, as if it was never sold to Gearbox in the first place.

Unfortunately, this throws a massive monkey wrench into Duke Nukem: Mass Destruction, which has yet to even be formally unveiled. Stay tuned as we see if this lawsuit fully shuts down the unveiling of the next Duke Nukem title.

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