Court Won't Stop 'mutant X'

A bid to block production of the high-profile new-season syndicated sci-fi series "Mutant X" has been rejected by a U.S. District Court.

20th Century Fox Corp. initiated the action in April when it filed suit alleging that "Mutant X," on which Tribune Entertainment is partnered with Marvel Comics and Fireworks Entertainment, was a look-alike TV version of Fox's hit movie "X-Men," also based on Marvel Comics characters.

Following the publication of the court's findings Thursday, Tribune Entertainment and Fox both claimed victory in the case.

Tribune Entertainment president and CEO Dick Askin said, "The U.S. District Court overwhelmingly ruled in our favor by denying Fox's claims seeking a preliminary injunction to halt production and use of the title for our eagerly awaited new action hour program 'Mutant X' and dismissing all of the significant claims against Tribune Entertainment.

"We have always believed that there are no actionable similarities whatsoever between 'Mutant X' and the motion picture 'X-Men' and are pleased that Judge Schwartz agreed with us and rejected Fox's efforts to stop the show."

To date, seven episodes of the sci-fi weekly actioner have completed production, and the series is set to premiere Oct. 1.

However, Fox vp litigation Ted Russell said: "We never expected an injunction stopping the show; we sought an injunction stopping an 'X-Men' show. The show that we started with was an 'X-Men' show, and as the lawsuit progressed, changes were made that brought (the show) further from the 'X-Men.' "

A statement issued by Fox said the court found that Fox could "recover monetary damages" for Marvel and Tribune's use of the "Mutant X" title and that a permanent injunction on the title "may later issue."

The court found that "Fox has demonstrated a clear likelihood of success for a claim of breach of contract grounded in defendants' use of the 'Mutant X' name as the title of the proposed series."

However, the court ruled that nothing "in the evidence submitted in support of Fox's motion for a preliminary injunction indicates that the actions of Tribune and/or Fireworks, in assisting in the creation and production of the new series, suggests that it was their intent to induce a breach. Nor do the facts alleged reflect that either Tribune or Fireworks was the proximate cause of the alleged breach."

In relation to allegations that Tribune used Fox's "X-Men" logo to sell the "Mutant X" show, the court found that "all clips from and references to the 'X-Men' have been removed from such sales material. Defendants' original, green metallic 'Mutant X' logo purportedly appeared in certain entertainment industry publications in early 2001. However, while such publication may have infringed Fox's copyrights, any harm to the public as a result of its association of 'Mutant X' with 'X-Men' is illusory, because the goodwill associated with the 'X-Men' is Marvel's alone."