No, we’re not talking about “Duke Nukem 3D” this time, but instead about “Earth No More,” a game that this studio plans to launch in 2009. Allegedly, 3DRealms brought about this lawsuit by stealing the game concept that Darin Scott and Edward Polgardy from Cinemagraphix Entertainment have owned since 2005. They’re asking for $150K, as well as share in the final revenue that the game makes.

Cinemagraphix Entertainment lawyers claim there are many similarities that simply couldn’t have occurred by chance. The first similarity is the name – it’s identical. However, you can find the book and the movie bearing the same name, so this argument might not be that strong. Furthermore, they claim that the concept has been stolen, since both games use alien landing and overtaking the Earth as the game theme.

We have yet to see who will come out on top, and we’ll inform you as soon as we know more.