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San Francisco Music Company Sued By Fox Over "Empire" Name
NBC Bay Area ^ | Tuesday, Mar 24, 2015 | Tamara Palmer

Posted on 03/24/2015 11:04:55 PM PDT by nickcarraway

Fox is suing a San Francisco digital music distribution company because of its name.

According to TMZ, Twentieth Century Fox Television filed a federal lawsuit on Monday against EMPIRE Distribution over the name it shares with Fox's popular television series "Empire."

Founded in 2010, EMPIRE Distribution releases digital music from urban artists including leading hip-hop stars Snoop Dogg, T.I. and Kendrick Lamar.

Fox's fictional Empire Records releases urban music including hip-hop and R&B, but in a real life twist, songs from the series are actually available for sale. Columbia Records released songs from each episode for the duration of the series and then dropped the "Original Soundtrack from Season 1 of Empire" compilation on March 10. It debuted at number one on the Billboard 200 Albums chart, beating Madonna's "Rebel Heart" album with 130,000 sales in the first week, reported Billboard.

“Fox, through the Empire program, advertises, distributes, and streams music and sells downloads under the ‘Empire’ mark," explained EMPIRE founder and CEO Ghazi Shami in a statement. "This music shares the same search terms as EMPIRE's music, the musical genres are identical, and the songs and albums are positioned in close proximity in online outlets such as iTunes, Google Play, Amazon.com, and Spotify. It isn’t just a fictional show; they are functioning as a record label in the real world. This only makes the public confusion worse.”

“We are confident that this is a textbook trademark infringement case,” said Michael Hobbs of Troutman Sanders LLP, the law firm representing EMPIRE, in a statement. “EMPIRE was started over five years before the first broadcast of the show, the marks are identical, and they sell the same products to the same customers. The significant number of incidents of actual public confusion is disturbing.

“The only alternative with which we are left is to litigate, which we will do vigorously to protect our client’s valuable rights," he said.


TOPICS: Business/Economy; Culture/Society; Extended News
KEYWORDS: bigmedia; empire; fox; monopoly; triallawyers
If this company has been around five years, how can something that started this year sue them for using "their" name?
1 posted on 03/24/2015 11:04:55 PM PDT by nickcarraway
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To: SunkenCiv

Maybe the should sue Charlemagne?


2 posted on 03/24/2015 11:05:23 PM PDT by nickcarraway
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To: nickcarraway

This lawsuit is ridiculous, FOX should lose.


3 posted on 03/24/2015 11:12:29 PM PDT by GeronL (Shrub Scouts, root them out and make them whine)
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To: nickcarraway

Hard to believe people pay money for that stuff


4 posted on 03/24/2015 11:13:39 PM PDT by GeronL (Shrub Scouts, root them out and make them whine)
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To: nickcarraway

Because the big companies win. They can afford to litigate until the other side is broke.

And I heard that as these new porn domain URL extensions come to market, that some corporations and public entertainers are being granted “first shot” at buying their names.

I understand “Microsoft.porn” and “TaylorSwift.porn” however Microsoft does not YET own the word “office” yet they were given first shot at buying “office.porn”.


5 posted on 03/24/2015 11:14:57 PM PDT by a fool in paradise (Shickl-Gruber's Big Lie gave us Hussein's Un-Affordable Care act (HUAC).)
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To: a fool in paradise

For people who find the Blue Screen of Death sexy?


6 posted on 03/24/2015 11:16:29 PM PDT by nickcarraway
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To: nickcarraway

They are buying it to keep the name from being bought/used by someone else.

But it’d be like McDonald’s getting first crack at “burger.porn”.


7 posted on 03/24/2015 11:18:55 PM PDT by a fool in paradise (Shickl-Gruber's Big Lie gave us Hussein's Un-Affordable Care act (HUAC).)
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To: nickcarraway
Burger King would argue they've already gone there.

(from AdWeek)

8 posted on 03/24/2015 11:20:12 PM PDT by a fool in paradise (Shickl-Gruber's Big Lie gave us Hussein's Un-Affordable Care act (HUAC).)
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To: nickcarraway

Hmm.. Let’s see how these lawsuits have been going recently.. Robin Thicke is on line one, says this is a very bad idea...


9 posted on 03/24/2015 11:21:22 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: nickcarraway

I think that fox should lose the use of empire for its series as the result of the law suit it is obvious they stole the name from the company and are infringing on there trademark.


10 posted on 03/24/2015 11:53:06 PM PDT by PCPOET7 (BUT MAK)
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To: nickcarraway

Maybe they should sue New York for being the Empire State.


11 posted on 03/25/2015 12:07:24 AM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: Veggie Todd

Good point.


12 posted on 03/25/2015 12:14:26 AM PDT by nickcarraway
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To: nickcarraway

There was an “Empire Records” from back in the 1950’s as well. Here’s a link that shows some of the labels on 45RPM singles.

http://www.colorradio.com/youngsters.html


13 posted on 03/25/2015 12:19:44 AM PDT by Carthego delenda est
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To: Carthego delenda est

And wasn’t there a movie called “empire records”? Was it about that actual company?

I’d like to think the REAL music company that has existed for many years would prevail over the new FICTITIOUS company.

Maybe the real co. should have sued Fox first.

And I LOVE that show, so, spoken as a fan.


14 posted on 03/25/2015 3:51:01 AM PDT by jocon307 (Tell it like it is.)
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To: nickcarraway

I thought the word “empire” would be in the public domain by now

Maybe someone should copyright the word “fox”


15 posted on 03/25/2015 3:56:10 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: nickcarraway

Diddy going to sue because he says it’s based on his life.

http://www.musictimes.com/articles/30812/20150306/sean-diddy-combs-reportedly-suing-fox-empire-life-story-creator-jay-z-inspired-lucious-lyon.htm

Creator says loosely based on Jay Z.


16 posted on 03/25/2015 5:28:09 AM PDT by RummyChick
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To: Carthego delenda est
Or the movie from 20 years ago:


17 posted on 03/25/2015 5:35:59 AM PDT by Wolfie
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To: a fool in paradise
Because the big companies win. They can afford to litigate until the other side is broke.

I was in the tee shirt business years ago and we did "game shirts" for our local football team, No trademarks were used, but a play on nicknames was(Orange Crunch in place of Denver Orange Crush). The NFL called and asked us to stop (we were selling a lot of shirts every week)The asstorney told me technically we were legal but in a gray area, but he said we pay for lawyers on staff and we will put you out of business because you will not be able to pay for your defense. We did get a NFL sub licence out of the deal, so we won in the end
18 posted on 03/25/2015 7:18:34 PM PDT by Foolsgold (Those who are too smart to engage in politics are punished by being governed by those who are dumber)
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