Entertainment & Sports
Nov. 17, 2017
9th Circuit panel reaffirms Fox’s “Empire” win
The decision makes clear that promotional efforts can still enjoy First Amendment protection.
PETROCELLI
A 9th Circuit Court of Appeals panel held Thursday that Twentieth Century Fox Television’s use of the name “Empire” for one of its shows is protected under the First Amendment, and therefore outside the reach of the Lanham Act.
The decision affirms the district court’s judgment against Empire Distribution Inc., a record label that alleged Fox’s use of the name was an infringement on its trademark. The opinion also makes clear that p...
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