When Fox TV premiered its “Empire” show in 2015, about a fictional hip-hop music label called Empire Enterprises, it chose a name already in use by the real-life Empire Distribution, which has been turning out hip-hop, rap and R&B albums under its label since 2010. No problem, says a federal appeals court, despite the record-seller’s claims of trademark violation, unfair competition and false advertising. “Fox used the common English word ‘Empire’ for artistically relevant reasons: the show’s setting is New York, the Empire State, and its subject matter is a music and entertainment conglomerate,” the Ninth U.S.