20th Century Fox and partner Marvel Enterprises have filed suit against Sony Pictures Entertainment and Revolution Studios, alleging that their upcoming Zoom is confusingly similar to “X-Men.”
Variety says the complaint comes before Zoom, a comedy starring Tim Allen has even started production.
But based on a recent version of the script, Fox and Marvel allege the film rips off “X-Men” with elements including teenage mutant super-heroes, an underground training facility, and a sinister government program.
Fox also has problems with the fact that Sony/Revolution are planning to release Zoom next May 12, just two weeks before X-Men 3 comes out. Sony/Revolution were previously planning to release Zoom August 2006, but moved the date to May a week after Fox announced its bow date for “X3.”
“‘Zoom’s’ release in May 2006 immediately before the release of ‘X3′ (or any release in proximity to the release of ‘X3′) is an unfair attempt by Sony and Revolution to manipulate the market and trade off the time, energy, resources and effort Marvel have invested in ‘X-Men,’” the lawsuit states.
Lawsuit also notes that the graphic novel upon which the film is based — “Zoom’s Academy for the Super Gifted,” by Jason Lethcoe — was not strikingly similar to “X-Men,” but claims that the script has become a near-copy.