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TWENTIETH CENTURY FOX FILM v. MARVEL ENTERPRISES

Docket No. 01-7983.

277 F.3d 253 (2002)

TWENTIETH CENTURY FOX FILM CORPORATION, a Delaware Corporation, Plaintiff-Appellant, v. MARVEL ENTERPRISES, INC., a Delaware Corporation; Tribune Entertainment Company, a Delaware Corporation; Fireworks Communications, Inc., a Delaware Corporation and Fireworks Television (US) Inc., a Nevada Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2001.

Decided: January 14, 2002.

Errata Filed: January 28, 2002.

Attorney(s) appearing for the Case

Dale M. Cendali, O'Melveny & Myers LLP, New York, N.Y., for plaintiff-appellant.

Jonathan D. Reichman, New York, N Y (Dana R. Kaplan, John R. Hutchins, Kenyon & Kenyon, New York, N.Y., on the brief), for defendant-appellee Marvel Enterprises, Inc.

Maura J. Wogan, New York, N.Y. (Gerald E. Singleton, Edward Hernstadt, Frankfurt Garbus Kurnit Klein & Selz, P.C., New York, N.Y., on the brief), for defendant-appellee Tribune Entertainment Company.

Steven H. Rosenfeld, Jason A. Advocate, Ohrenstein & Brown, LLP, Garden City, NY, signed, on behalf of defendants-appellees Fireworks Communications, Inc., and Fireworks Television (US) Inc., the joint brief for all defendants-appellees.

Before: JON O. NEWMAN and KEARSE, and CARMAN, United States Court of International Trade.

JON O. NEWMAN, Circuit Judge.

This appeal, raising issues concerning the rights of a trademark licensee, arises from a dispute between the motion picture studio that produced the film "X-Men" and the studio's licensor, which has published "X-Men" comic books and currently produces the television series, "Mutant X." Plaintiff-Appellant Twentieth Century Fox Film Corp. ("Fox") appeals from the Opinion and Order of the United States District Court for the Southern...

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