Twentieth Century Fox Television v. Empire Distribution, Inc.

875 F.3d 1192 (9th Cir. 2017)

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Nature of the Case

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Facts

D is a respected record label that records and releases albums in the urban music genre, which includes hip hop, rap, and R&B. In 2015, P premiered a television show titled Empire, which portrays a fictional hip hop music label named 'Empire Enterprises' that is based in New York. The show features songs in every episode, including some original music. D promotes the Empire show and its music through live musical performances, radio play, and consumer goods such as shirts and champagne glasses bearing the show's 'Empire' brand. D sent a claim letter to P. P filed suit seeking a declaratory judgment that the Empire show and its associated music releases do not violate D's trademark rights under either the Lanham Act. D counterclaimed for trademark infringement, trademark dilution, unfair competition, and false advertising. P moved for summary judgment and the court granted it on all counts. D appealed.