Announced last year, Earth No More is a first person shooter in development at Recoil Games, produced by 3D Realms. In the game, "a growth of deadly red vines and mutating spores have overtaken the world, perverting whatever they encounter."
That premise, as well as the name 'Earth No More', is pretty much what Scott and Polgardy pitched to several game developers--including 3D Realms--in 2005, according to the lawsuit.
According to the plaintiff, anyone can see similarities between what was pitched and what 3D Realms announced, noting, among other things, a similarity in concept art.
"First of all, the title 'Earth No More' is a title that I haven't been able to find in the title of any intellectual property out there," said the plaintiff's attorney Tre Lovell. "There's no movie, TV show, book, play, anything like that which has the title 'Earth No More'."
Scott and Polgardy are seeking damages under the US Copyright Act, additional statutory damages of up to $150,000 plus attorney fees, and an injunction against the distribution of the game.