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Sylvester Stallone can keep his magazine, entitled Sly, on newsstands despite the complaints of an Internet magazine with the same name that a judge suggested was more of a shoe "fetish" publication.

U.S. District Judge Richard Casey said the actor who gained fame as Rocky in the 1970s could continue to produce the lifestyle and fitness magazine for middle-aged men, even though it carries the same title as the Internet magazine.

"There is a little difference between shoe fetish and Mr. Sylvester Stallone," Judge Casey said at a hearing in New York this week.

John Bostany, a lawyer for the Internet magazine that brought a lawsuit seeking $1-million (U.S.) in damages, protested the judge's characterization of the magazine.

"My client's magazine is not a fetish mag," he said.

Despite the victory, it was unclear how long Mr. Stallone's magazine would last.

The current issue was the last of four scheduled to be published before the magazine was to be evaluated to determine its future. A message left for the magazine's publisher American Media was not returned. AP

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