Microsoft have been working on fixing up Killer Instinct for awhile now, but things have been on a stand still because FOX have laid claim to the trademark, and due to possible confusion the US patent office turned it down.
Can’t think of anything owned by FOX called Killer Instinct? The only thing anyone seems to be able to think of is a crime drama from 2005. We know that Rare are working on something “Jaw-dropping” could it be Killer Instinct?
How likely is it gamers and viewers would be confused, the original statement for turning down the patent seemed to think it was very likely.
“Thus, upon encountering KILLER INSTINCT for “video game software” and “entertainment services, namely, providing online video games” and KILLER INSTINCT for “entertainment services in the nature of a television series featuring drama, “consumers are likely to be confused and mistakenly believe that the respective goods and services emanate from a common source.”
But it seems at long last, FOX and Microsoft have come to very reasonable terms. We don’t have a PDF but this NeoGAF user uploaded a picture of it which you can see the first page below.