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Fox tries to X out Trib ‘Mutant’

Moniker matter segues to U.S. Court of Appeal 2nd Circuit

The “Mutant X” files continue: 20th Century Fox has filed new motions to prevent Tribune Entertainment from using the title for an upcoming syndie action hour.

The move comes more than a week after a U.S. District Court judge ruled that Tribune’s use of the “Mutant X” title violated 20th’s rights — but stopped short of actually forcing the distributor to change the series’ name.

20th, concerned that “Mutant X” contained too many similarities to the movie studio’s “X-Men” franchise, had asked for a preliminary injunction to halt production and use of the title.

The judge allowed production of “Mutant X” — which also is produced by Marvel Enterprises and Fireworks Entertainment — to continue. Although the judge didn’t order Tribune to change the show’s title, 20th said it had the option of seeking a permanent injunction or monetary damages if Tribune continued to use it.

In its new action Tuesday, 20th filed a motion for injunction and motion for an expedited appeal in U.S. Court of Appeal 2nd Circuit.

“Fox is confident that it will ultimately prevail,” the studio said in a statement.

Tribune execs were unavailable for comment. “Mutant X” launches the week of Oct. 1.

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