Founded by Ghazi Shami in 2010, Empire Distribution (ironically) an American record label and distribution company based in San Francisco, California is in an empire state of mind-mine.
In a trademark suit, the label is accusing the popular hip-hopera: Empire [Fox Television] of infringing upon its business tradename [Empire Distribution].
All things considered: The show’s premise being that of an empire built and based around its main characters’ fortune, fame and fights stemming various week to week personal and professional dilemmas surrounding the dynamic characters of the “Lyons” fictional musical family empire.
In addition to the television drama being the hot hit that it is, as you well know (weekly) there is music and song (not to mention-weekly superstar guest roles who, many of them-are apart of the television show’s music soundtrack).
This soundtrack too, is packaged, branded, and sold under the show’s name: “Empire” and therein lies Empire Distribution’s problem with it.
According to Empire Distribution, this extension of the television show having gone branded, packaged and distributed music as a extension of the show’s name causes “confusion” not only with his company’s name-but too, with what his company does [as a business and brand].
CEO of Empire Distribution says customers, artists, and their business partners have all voiced their confusion, concern, and questions as to whether Empire (the show’s soundtrack brand) has any affiliation with Empire Distribution (the San Francisco based company).
Shami asserts: “Fox, through the ‘Empire’ program, advertises, distributes, and streams music and sells downloads under the ‘Empire’ mark. 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.”
Obviously with the show’s popularity and success being what it is, Fox Television Network is meeting this head on. And in a lawsuit filed in California federal court, the network alleged that last month, Empire Distribution sent them correspondence accusing them of infringing upon its trademark without authorization and that too, the use of Fox Television’s use of the show name “Empire” confuses its employees, colleagues and business partners-questioning it [Empire Distribution]’s affiliation to the show and its music [soundtrack].
With regard to their claim on “Empire” (the show) infringing upon its tradename “Empire Distribution,” the company asserts that it (Empire-the show) somehow “dilutes” its tradename considering the premise of the show being Empire’s portrayal of a (record) label being run by a homophobic drug dealer prone to murdering his friends. “Empire Distributions’” CEO says this tarnishes his “brand and good will.”
https://youtu.be/dBzu_jKLJek
In correspondence sent (to Fox Television) this month, according to them, Empire Distribution gave the ultimatum of settling the matter for a cool $5 million AND (and meaning + )…get this: use Empire Distribution’s artists as regular guests on the television series OR fork up $8 million and stop using the title “Empire” altogether.
Shami’s concern is that it [Empire]’s not just a fictional show, but too, they’ve extended the show into functioning into the real world under the show’s name as a music soundtrack baring the same name.
“We are confident that this is a textbook trademark infringement case,” said Michael Hobbs of Troutman Sanders LLP (the law firm representing Empire Distribution).
“Empire was started over five years before the first broadcast of the show, the marks (trademark symbols) are identical, and they sell the same products to the same customers.”
…Those “same” customers being the fact that Empire Distribution label releases albums in hip-hop, rap, R&B, rock, gospel, Latin and pop.
According to Wikipedia, there are a number of albums and singles distributed by Empire (the show-slash-soundtrack) which too, have charted on Billboard for example: Section.80 by Kendrick Lamar, Gas Pedal by Sage the Gemini, O.K.E. (Deluxe Edition) by The Game, Phantom and the Ghost by Styles P, Knock Madness by Hopsin, and Stoner’s EP by Snoop Dogg.
When reaching out to the popular television show’s network (several times) to amicable resolve the matter, Hobbs claims that he was “rebuffed.”
“The only alternative with which we are left is to litigate, which we will do vigorously to protect our client’s valuable rights,” said Hobbs.
During its 5 years in business, Empire Distribution claims it’s released more 10,000 albums, 5,000 music videos and 100,000 songs.
Not sure how Empire Distribution is going to argue that on one end-you assert your concern about the show’s premise being such that the homophobic patriarch and main character of the series (who’s a drug dealer who kills his friends) hurts your brand and “good will” + confuses its artists and business partners. Yet, you give an ultimatum to let in-artists and music onto that very same show or else.
Therein lies the other problem for Shami who, should’ve whispered that tidbit in somebody’s ear rather than to have put in writing, what he his using as a claim.
That being the case-that may be very well where they’d better ride off into the sunset and make due and using “Empire” (the show)’s name to his advantage
WE HAVE MOVED TO @EMPIRE, PLEASE GO TO http://t.co/FpIj5GEEvs TO KEEP UP WITH THE LATEST FROM EMPIRE! http://t.co/nT03Y3Ho2j
— Empire Distribution (@empiredi) March 11, 2015
…‘cause see—let’s not forget-I just told yous: “I’ve been using slogan (even before Empire the show)”:
“Building an empire from goals of mine with a gold mind and no gold mines-brick by brick at a time” for like around five years now too?
Sooooooooo…should I step into the court room like Lex Luthorr (from Superman) wave my hanky–whistling and argue:
“Yoo hoo. I have a slogan entered around the word: ‘Empire’…and I’ve been using it since before Empire (the show)…I’m due something in this too, right?”
