Twentieth Century Fox Television

The court granted summary judgment to O’Melveny client Fox (Twentieth Century Fox Television, a division of Twentieth Century Fox Film Corporation, and Fox Broadcasting Company) on all claims surrounding the studio’s use of the name Empire for its hit TV series, including Fox’s claims for declaratory relief and defendant Empire Distribution’s counterclaims for trademark infringement, trademark dilution, and unfair business practices. The judge held that Fox’s use of the word Empire in connection with its television show “Empire” and the show’s soundtrack music were fully protected by the First Amendment and fell outside the proscriptions of the Lanham Act.