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5 February 2016Trademarks

Fox’s ‘Empire’ show protected by the First Amendment

A US court has ruled that Twentieth Century Fox’s television series “Empire” is protected by the First Amendment and has dismissed trademark claims asserted by a record label called Empire Distribution.

Earlier this week, the US District Court for the Central District of California granted Fox’s motion for summary judgment.

“Empire” was first broadcast on January 7, 2015. It stars Terrence Howard as a former drug dealer turned chief executive of the fictional record label Empire Enterprises who is looking to decide which of his three sons will take over the business.

The legal dispute began following a letter from the record company which said that the name of the show would cause a likelihood of confusion between the companies.

Also, the record label’s association with a show centring on a “homophobic drug dealer prone to murdering his friends” would “tarnish its brand”.

The record label, however, said Fox could continue broadcasting the show under the Empire name if it either paid a fee to use its trademark or use musicians signed up to the label to appear on the show.

Last year, Fox sought a declaratory judgment that the show was protected under the First Amendment.

Empire counterclaimed asserting trademark infringement.

On Monday, February 1, Judge Percy Anderson issued a decision in favour of Fox.

He said that the show “is protected by the First Amendment, and therefore does not reach the issue of consumer confusion”.

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Trademarks
30 March 2015   Twentieth Century Fox is seeking a declaratory judgment from a US court that its television show Empire does not cause confusion with recording company Empire Distribution.