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‘Empire’ Copyright Suit Fizzles On Second Trip To 9th Circ.

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > ‘Empire’ Copyright Suit Fizzles On Second Trip To 9th Circ.

‘Empire’ Copyright Suit Fizzles On Second Trip To 9th Circ.

Law360 (August 21, 2020, 9:50 PM EDT) — A man who claims Fox ripped off a concept he came up with to create the network’s hit television show “Empire” suffered a blow Friday when the Ninth Circuit, which had previously revived the suit, ruled that a lower court had been right to toss the case again.

The three-judge appeals panel wrote in an unpublished opinion that Jon Astor-White had not shown that his unproduced treatment titled “King Solomon” shared enough protectable similarities with “Empire” for his copyright claims to go forward.

“The district court correctly concluded as part of the extrinsic test that the two works only share unprotectable…

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