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Decision of Note<br><i>Empire</i> TV Show Doesn't Infringe Hip-Hop Label Trademark
The U.S. Court of Appeals for the Ninth Circuit decided that the Fox TV show Empire didn't violate federal Lanham Act or California trademark rights of the urban music record label Empire Distribution. Twentieth Century Fox TV v. Empire Distribution Inc., 16-55577.
The TV show is about a fictional New York-based record company named “Empire Enterprises.” Fox also sells Empire soundtrack albums and merchandise and promotes its TV program through live events.
The Ninth Circuit affirmed a Central District of California declaratory summary-judgment ruling in favor of Fox under the bell-weather decision in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). Under Rogers, expressive works in which the title is artistically relevant to the underlying work, and doesn't explicitly mislead consumers regarding its source, can escape Lanham Act liability.
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