Sylvester Stallone can keep his magazine, 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.

Judge Richard Casey said the 59-year-old actor, who gained fame in the "Rocky" movies, could continue to produce the lifestyle and fitness magazine for middle-age men even though it carries the same title as the Internet magazine.

"There is a little difference between shoe fetish and Mr. Sylvester Stallone," Casey said at a hearing Tuesday.

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

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

Despite the victory, it was unclear how long 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 publisher, American Media, was not immediately returned.

Stallone intends to bring boxer Rocky Balboa out of retirement. He will write, direct and star in "Rocky Balboa," the sixth film in that franchise, with shooting set to begin next year.