Empire on FOX

Following the success of Fox’s new drama Empire, the network is being sued over the use of the name.

According to TMZ.com, a San Francisco-based indie record label called Empire Distribution has filed a lawsuit against FOX, demanding that it stop using the “Empire” name for its show.

The company claims Fox’s use of the name diminishes their brand, especially since a “homophobic drug dealer prone to murdering his friends” is the series’ lead character.

Despite the concerns over the impact to their company, Empire Distribution says they will drop their suit for an $8 million settlement or $5 million and their artists become regular cast members on the show.

FOX is asking a judge to dismiss the suit, saying it has no merit because the company is obscure.

Empire Distribution was founded in 2010, five years before Empire debuted.