Gearbox v. Apogee d/b/a 3D Realms, Interceptor, 2014, Filed Complaint

Case 3:14-cv-00710-L Document 1 Filed 02/21/14

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documents, are attached hereto as Exhibit E and incorporated by reference. In addition to its registered trademarks, as a result of its use and promotion of the DUKE NUKEM mark, Gearbox has established valuable recognition for and g oodwill in the DUKE NUKEM mark as well as significant common law trademark rights. (The above-referenced marks shall be collectively referred to as the “DUKE NUKEM marks.”) 26.

Gearbox holds multiple U.S. Copyright Registrations covering its DUKE

 NUKEM game, including U.S. Copyright Registration No. PA 1-782-911; U.S. Copyright Registration No. PA 1-812-111; U.S. Copyright Registration No. PA 1-814-677. The registrations are attached hereto as Exhibit F and incorporated by reference. (The abovereferenced copyright registrations shall be referred to collectively as the “Duke Nukem Copyrights.”) IV. CAUSES OF ACTION COUNT I

Trademark Infringement Under the Lanham Act 15 U.S.C. § 1114 27.

Gearbox realleges and incorporates by reference the allegations set forth in

 paragraphs 1 through 26 above. 28.

Defendants’ wrongful and unauthorized use in commerce of the DUKE NUKEM

marks to promote, marker or sell their products and services constitutes trademark infringement under 15 U.S.C. § 1114 as it is likely to cause confusion, mistake or deception. 29.

Defendants’ activities were committed, willfully, knowingly, maliciously, and in

conscious disregard of Plaintiff’s legal rights. 30.

Gearbox has no adequate remedy remedy at law. Defendants’ conduct has caused, and if

not enjoined, will continue to cause immediate and irreparable damage to Gearbox’s trademark

COMPLAINT AND JURY DEMAND— DEMAND— Page 8 of 15