The Prey trademark was assigned to ZeniMax Media in July by The Radar Group, which acquired it from Apogee the previous month. Superannuation discovered the trademark change-of-hands along with two new trademark applications submitted by ZeniMax regarding the Prey property, specifically for:

Entertainment services in the nature of an on-going television program in the field of science fiction; Entertainment services, namely, providing on-line interactive computer games and providing information relating to electronic computer games via the internet

as well as:

Computer and video game user instruction manuals; magazines, books, and pamphlets concerning video games; computer and video game strategy guide books and magazines; graphic novels, novels, and comic books, all in the fields of video games and science fiction

Now what would ZeniMax want with a solid if a bit under-performing first-person shooter IP?

Trademark Assignment [Superannuation via Actiontrip]

The Dallas, Texas-based developer was named in a counterclaim from publisher Take-Two Interactive, as discovered by Shacknews. Gearbox's development of Duke Begins was tied to $2.5 million cash advance from Take-Two intended to fund development of 3D Realms' Duke Nukem Forever, said to still be ongoing in some capacity.

Originally, Duke Begins was slated for a mid-2010 release, as part of the agreement, with development starting sometime in 2007.

We wonder if that Duke Nukem title was the "huge" release that Gearbox Software president Randy Pitchford hyped last year.

'Duke Begins' Developer Outed in DNF Docs [Shacknews]

May brought news that the long road of the 1997-announced Duke Nukem Forever might finally have finally run out, as development studio Apogee ceased making the game and publisher Take-Two filed a lawsuit against the studio.

Aside from a flood of leaked visuals and the studio's statement defending itself, all had been publicly calm since then until today. Take-Two's May 11 lawsuit against 3D Realms parent company Apogee has finally been unearthed. Credit to Shacknews for first publishing it.

The lawsuit centers on, of all things, an Xbox 360 version of this forever-in-the-making PC game.

Take Two claims that it notified Apogee earlier this year that the copy wanted to "exercise its option to develop a Console Version of [Duke Nukem Forever] for the Xbox 360. The publisher states that it sought to fund Apogee's work on a 360 port but that discussions for that fell apart this year due to a disagreement in funding before the project could be begin. The publisher claims that, as a result, it intended to exercise what it says was its contractual right to make a 360 version of the game with another developer and that Apogee would be obligated to provide source code for said port. The lawsuit includes no indication that such a plan was set in motion, as the publisher claims that Apogee instead shut down development without warning Take Two that such an action was pending.

"Notwithstanding Apogee's consistent assurances that it would soon complete development of DNF," the suit states, "on May 6, 2009, Apogee closed its studios, terminated development of DNF and laid-off all employees who had been involved in the DNF project. Upon information and belief, Apogee has title to a substantial amount of funds deposited in an off-shore account, which Take-Two believes Apogee can use to fund its outstanding obligations."

Take-Two is seeking damages for Apogee's alleged breach of contract for the amount of $2.9 million it claims to have provided Apogee to develop the game since 2000, plus interest. The total claim is $12 million.

Take-Two is also seeking a court order to enjoin any former members of the Duke Nukem team from leaking any more art or code for the game, actions which the publisher claims "severely impairs Take-Two's exclusive rights to publish, exploit and control the DNF brand."

Kotaku has reached out to Apogee for comment but has not heard back by press time.

Click to read the full complaint from Take-Two.

A May 12 request for judicial injunction estimates that this case will go to trial within nine to 12 months of that date.

3D Realms "didn't get a penny of that [$12 million]," according to Miller. "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."

Take-Two Interactive Software Inc. filed a breach of contract suit against Apogee Software Ltd. this week in a Manhattan Court over the developer's "continually delayed" Duke Nukem sequel. Details of the suit were not disclosed in a report by Bloomberg, nor has the New York County Civil Court provided specifics about the damages Take-Two is seeking.

Take-Two also says they invested more than $12 million in the game.

No $30M Offer for Duke Nukem IP, Says 3D Realms

Following the closure of Duke Nukem Forever developer 3D Realms last week, Apogee's Chief Operating Officer Terry Nagy teased an impending Duke announcement via Twitter, leading many to believe the company had plans to pick up the dropped ball. Instead, Apogee and Deep Silver have announced that they are increasing the scope of their search for a live action Duke from a three-city search to a nationwide, internet-based operation. Fans can visit www.dukeisback.com and upload their audition video for consideration. The winner will travel around the world promoting the upcoming Duke Nukem Trilogy and generally making a fool of themselves.

There are several audition clips already uploaded, each one more sympathetically embarrassing than the next. Enjoy.

Following rumored reports that Duke Nukem devs 3D Realms had given up the ghost, reps for publisher Deep Silver issued a statement that everything was going full steam on the Duke compilation. Additionally, the recently revived Apogee, as a separate entity, would continue.

"Deep Silver and Apogee Software are not affected by the situation at 3D Realms," reads the statement. "Development on the Duke Nukem Trilogy is continuing as planned."

Announced last year with a brilliant trailer, Duke Nukem Trilogy consists of Duke Nukem: Chain Reaction, Duke Nukem: Critical Mass and Duke Nukem: Proving Grounds.

Duke Nukem Trilogy Details: Duke Heads to WW2, Apogee Talks Possible PC Release & DS Censorship [Shacknews]

Dallas, TX - July 14, 2008 – Apogee Software is back to re-establish itself as an innovative leader in interactive entertainment. Apogee is reviving some of its legacy catalogue of 30+ releases as well as publishing all-new properties in collaboration with diverse creators and developers.

Apogee is bringing the King of Action himself, Duke Nukem™, to the handheld console market with three new missions, together called the Duke Nukem Trilogy™. Apogee Software is producing the Trilogy under an exclusive license agreement with 3D Realms and MachineWorks Northwest LLC. The Trilogy is comprised of three episodes: Critical Mass™, Chain Reaction™, and Proving Grounds™.

“This marks a new beginning for a famous publisher with a history of market-making innovation,” said Terry Nagy, co-founder and Chief Operating Officer of Apogee. “I can't think of a better character than Duke or a better franchise than the Trilogy to usher in a new era for Apogee.”

Apogee pioneered the shareware game revolution in 1987 by inventing the concept of game demos, distributed online, which advertised the remaining episodes in a series. Before this time, game demos and episodic releases were unheard of. These concepts created by Apogee have become mainstream today.

“It's funny how what's old is new again in this industry,” remarked Apogee co-founder, Scott Miller. “Many of the things Apogee pioneered are back in style, so it only makes sense to bring back Apogee and its properties with a visionary team that will once again create innovation for gamers around the world.”