Appeals Court Allows ‘Mutant’ Title--for Now
A federal appeals panel in New York ruled Tuesday that Tribune Entertainment can use the name “Mutant X” for its new television series--at least until a full hearing on the complaint brought by Twentieth Century Fox.
Fox sued Tribune and Marvel Enterprises Inc. in April, claiming Tribune’s syndicated live-action TV show, scheduled to debut the week of Oct. 1, violated Fox’s licensing agreement with Marvel. The 1993 agreement, Fox says, prohibits Marvel and others from making any movie or TV series based on X-Men characters. Fox contends that “Mutant X’s” premise and characters are “virtually identical” to the X-Men, Fox’s successful 2000 movie.
On Aug. 21, Fox sought an injunction to block Tribune from using the “Mutant X” name. The 2nd Circuit Court of Appeals denied the request Tuesday.
“Now that Fox’s second attempt for an injunction also has failed, we continue to move forward with the production and distribution of ‘Mutant X,’ more confident than ever about its success,” Dick Askin, chief executive of Tribune Entertainment, said in a statement released by the company.
Fox officials also claimed victory. In a statement, studio officials said “The 2nd Circuit [on Tuesday] granted Fox’s motion for an expedited appeal, agreeing that the issues warrant immediate review.”
Tribune Entertainment, based in L.A., is a subsidiary of the Chicago-based Tribune Co., owner of the Los Angeles Times.
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