When your TV show becomes a huge success, why does it seem like everyone wants to get their hands on it? Fox is not happy that someone is trying to lay claim to the title of its hit new series, "Empire."
Fox is proactively suing Empire Distribution, Inc. to declare its rights to the title "Empire." Fox took the proactive step after Empire Distribution, Inc., a California record company, sent a demand letter accusing the television company of trademark infringement and trademark dilution. In its first demand, Empire Distribution wanted $8 million. Not wanting to give in to Empire Distributions' demands, Fox turned to the court asking for a declaratory judgment.
So, what's a declaratory judgment, and who has the better claim?