Facts

Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corp. and Fox Broadcasting Co. filed a complaint for declaratory relief against Empire Distribution Inc. in connection with the "Empire" series airing on the Fox network. Empire Distribution, in turn, filed a counterclaim against Fox.

PLAINTIFFS' CONTENTIONS:
Fox sought a declaration that its use of the word "Empire" for its hit TV show did not violate Empire Distribution's purported trademark rights.

DEFENDANT'S CONTENTIONS:
Defendant claimed ownership rights over "Empire" and counterclaimed against Fox for federal trademark infringement, federal trademark dilution, federal unfair competition, California statutory unfair competition and false advertising, California common law trademark infringement, and California trademark dilution.

Damages

Empire Distribution demanded $8 million from Fox.

Result

The court ruled in favor of Fox on all claims and dismissed Empire Distribution's claims with prejudice, upon finding that Fox's use of the term was protected by the First Amendment.

Other Information

FILING DATE: March 23, 2015.