Twentieth Century Fox Television v. Empire Distribution, Inc.
United States Court of Appeals for the Ninth Circuit
875 F.3d 1192 (2017)
Twentieth Century Fox (plaintiff) produced and promoted a television show titled 'Empire,' depicting a fictional hip hop music label, along with associated soundtrack albums, and after real record label Empire Distribution (defendant) sent a claim letter alleging trademark infringement, Fox sought a declaratory judgment that its use didn't violate the Lanham Act; Empire Distribution counterclaimed for infringement, the district court granted Fox summary judgment on all claims, and Empire Distribution appealed.
Whether the use of a protected trademark in an expressive work will violate the Lanham Act, if the use of the trademark has artistic relevance to the work, and the work does not explicitly mislead consumers as to its source.