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Fox is in a legal battle with record company Empire Distribution over the use of the name Empire for it's hit television series.

ED contacted Fox and demanded they stop using the name because it diminishes their brand. Especially because a "homophobic drug dealer prone to murdering his friends" is a lead character.

But here's the catch. ED would back off if Fox pays them $8 million outright or $5 million if some of their artists become regular cast members on Empire.

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Fox is not giving in to the demands. TMZ reports that the network has filed a lawsuit against Empire Distribution, asking a judge to rule that ED's demands have no merit because the company is obscure.

Executives at Fox don't want this this to linger on into the second season of their show.

One thing Empire Distribution has going in it's favor is that the company was founded in 2010, five years before Empire debuted.

How do you think this battle will be settled?

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