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Decent example: The makers of Zoom were sued by Marvel for infringment upon The Fantastic Four. What's better, they said the books "Zoom's Academy" or whatever didn't qualify as infringement.
Trademark infringement is a touchy thing. On the one hand, you can lose a suit for a passing similarity. On the other, you can get away with borderline plagiarism. Another example, more of the latter, is the Captain America rip-off that was made by a former captain America writer. I don't remember the name, but the character was dressed similar to captain America, and carried a shield with a SSB motif. A judge in this case ruled that it was okay, provided the character never threw the shield.
However, a Darkwing Duck episode was pulled because it played on Spider-Man (Radioactive Spider).
But long story short: No. In the case of Trademark law, it's all about market confusion. Marvel would have to prove that DX and the X-Men were within the same market and were similar enough to draw some form of endorsement, detract from business, or cause some form of similar "market confusion" effect.
The two are not similar enough for someone to draw that conclusion reasonably. A shirt with a big green X and "Two Words?" Yeah, this would be a lot easier to argue in court.
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