Judge Refuses to Stop ‘Mutant X’ TV Series

Tribune Entertainment Co. can proceed with the new “Mutant X” television series despite its alleged similarity to the 20th Century Fox film “X-Men,” a judge has ruled.

Fox sued Marvel Enterprises Inc., which publishes the “X-Men” comic book and a new magazine called “Mutant X,” along with Tribune Entertainment and Fireworks Entertainment, in April, claiming the live-action syndicated TV show violated its agreement to license the “X-Men” characters for future films.

Fox asked a court in New York to stop the series from debuting in October. Marvel countersued, asking the court to dismiss Fox’s claims.

In an opinion released last week, U.S. District Judge Allen Schwartz in Los Angeles rejected Fox’s request to stop the series but allowed Fox to pursue a claim of breach of contract. Fox claimed its licensing agreement with Marvel prohibited it from making any movie or TV series based on “X-Men” characters.

Schwartz ruled that Tribune could proceed with its series as long as it removed any reference in advertising materials to the original “X-Men” comic book, characters or Fox movie.

Both sides claimed victory Friday.

Fox said the ruling meant that Fox could recover monetary damages and that a permanent injunction could be issued in the case later.

Tribune, which has completed seven episodes of its series, said the show will air Oct. 1.

“We have always believed that there are no actionable similarities whatsoever between ‘Mutant X’ and the motion picture ‘X-Men,’ ” said Dick Askin, president and chief executive of Tribune Entertainment.

Tribune Entertainment is a subsidiary of Chicago-based Tribune Co., the owner of the Los Angeles Times.