| WHAT TO WATCH

'Mutant X' Just Sounds Like 'X-Men,' Court Rules

Thursday, August 09, 2001

10:00 PM PT

Mutation has never been so coveted.

A legal battle which arose between 20th Century Fox and Tribune Entertainment (a branch of the company that owns Zap2it) over the syndicated series "Mutant X" caused both parties to claim victory Thursday (Aug. 9), reports Variety.

New York District Court Judge Allen Schwartz turned down an injunction filed by Fox to halt production of Tribune's "Mutant X" series. At the same time, he ruled that Tribune's use of the "Mutant X" title violated Fox's rights -- but stopped short of forcing Tribune to change the series' name.

Fox had sued "Mutant X" producers Tribune, Marvel Enterprises and Fireworks Entertainment, arguing that the series bore more than a passing resemblance to its 2000 "X-Men" movie. The producers then counter-sued.

The U.S. District Court "overwhelmingly ruled in our favor [and dismissed] all of the significant claims against Tribune," says Tribune Entertainment president and CEO Dick Askin. "We have always believed that there are no actionable similarities whatsoever between 'Mutant X' and the motion picture 'X-Men.'"

At Fox, VP of litigation Ted Russell argues that Tribune had already altered the nature of the show, which will launch the week of Oct. 1, following his company's complaint. Russell also says that the court said that Fox had the option of seeking a permanent injunction or monetary damages if Tribune continues to use the show's title.

His slightly comic-book-villain-esque warning: "If Tribune and Marvel decide to use the title 'Mutant X,' they do so at their own peril."