Fox TV’s ‘Empire’ Defeats Trademark Claim by Music Label

The Fox network’s hit drama “Empire” has a First Amendment right to its name, a federal appeals court ruled Nov. 16, rejecting trademark claims by record label Empire Distribution Inc.

The U.S. Court of Appeals for the Ninth Circuit affirmed that the name “Empire” has artistic relevance to the themes and subject of the Fox show, which focuses on a fictional family in the music business, and that it doesn’t explicitly mislead the public by implying a connection to Empire Distribution (Twentieth Century Fox Television v. Empire Distribution, Inc., 9th Cir., No. 16-55577, 11/16/17).

The case shows ...