Reports confirm that Cinemagraphix Entertainment have filed a lawsuit against 3D Realms over Earth No More, saying the popular developer stole their idea. Apparently, the idea of the game, which is a first-person shooter that has a “growth of deadly red vines and mutating spores have overtaken the world, perverting whatever they encounter,” is the same as the one Scott and Polgardy from the aforementioned plaintiff pitched to several game developers – 3D Realms included – according to the lawsuit.

They claim that anyone can see similarities between what was pitched and what 3D Realms announced, noting, among other things, a likeness in concept art.

The plaintiff is seeking damages, additional statutory damages of up to $150,000 plus attorney fees, and an injunction against the publication and distribution of the game.