Addressing the issue of trademark infringement specific to the
title of an expressive work, the US Court of Appeals for the Ninth
Circuit affirmed the district court's conclusion that Twentieth
Century Fox's use of the name "Empire" is protected
by the First Amendment and is therefore outside the reach of the
Lanham Act. Twentieth Century Fox Television v. Empire
Distribution, Inc., Case No. 16-55577 (9th Cir., Nov. 16,
2017) (Smith, J).
Twentieth Century Fox launched its musical television series
Empire in 2015. The show portrays a fictional New York
hip-hop music label named Empire Enterprises and features songs in
every episode, including original music. Fox promotes the show and
its associated music through live performances, radio play and
merchandise bearing the "Empire" brand. Defendant Empire
Distribution is a record label and publishing company that
distributes urban, hip-hop and R&B music, including the work of
artists such as Snoop Dogg. Empire
