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Gunslinger
 Rep: 88 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

Gunslinger wrote:


LOS ANGELES - The Red Hot Chili Peppers on Monday sued Showtime Networks over the name of the television series "Californication," which is also the name of the band's 1999 album and a single on it.

The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is "inherently distinctive, famous ... and immediately associated in the mind of the consumer" with the Red Hot Chili Peppers.

"Californication is the signature CD, video and song of the band's career, and for some TV show to come along and steal our identity is not right," the band's lead singer, Anthony Kiedis, said in a statement.

The television series stars David Duchovny as a novelist suffering from writers' block and a mid-life crisis.

The show features a character named "Dani California," which is also the title of a Red Hot Chili Peppers song released in 2006, the lawsuit noted.

The suit also names the show's creator and executive producer, Tom Kapinos, and two production companies, Twilight Time Films and Aggressive Mediocrity, Inc.

A call Monday to an attorney for Showtime was not immediately returned. Attempts to find a listing for Kapinos were not successful.

The suit seeks a permanent injunction barring Showtime and the other defendants from using the title "Californication" for the show, damages and restitution and disgorgement of all profits derived by the defendants.

In July 2007, Kapinos told reporters at a Television Critics Association press tour in Beverly Hills that he first heard the term in reference to Oregon.

"Apparently in the '70s there were bumper stickers that said 'Don't Californicate Oregon,' because Californians were coming up there, and I just thought it was a great, great title for this show," said Kapinos

RussTCB
 Rep: 633 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

RussTCB wrote:

removed

PaSnow
 Rep: 205 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

PaSnow wrote:
russtcb wrote:
Gunslinger wrote:

..."Californication is the signature CD, video and song of the band's career..." the band's lead singer, Anthony Kiedis, said in a statement.

Um... no? I know this thread is about this lawsuit, but why in the world would Kiedis say something so dumb about an album that is average when compared against their catalogue for God's sake?

$$$.


j/k, overall I think RHCP are right on this one though. Imagine if a show came out called Paradise City, or if Prison Break was called Rusty Cage. To an extent, is in infringing on a title they created to become popular. Actually I'm surprised Showtime DIDN'T get approval on the title in advance. Also can't beleive this guy created a character "Dani California"?? And then tries to attach it back to a bumber sticker from the 70's.

RussTCB
 Rep: 633 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

RussTCB wrote:

removed

NY Giants82
 Rep: 26 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

NY Giants82 wrote:

I was wondering when this would happen.

Gunslinger
 Rep: 88 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

Gunslinger wrote:
russtcb wrote:
Gunslinger wrote:

..."Californication is the signature CD, video and song of the band's career..." the band's lead singer, Anthony Kiedis, said in a statement.

Um... no? I know this thread is about this lawsuit, but why in the world would Kiedis say something so dumb about an album that is average when compared against their catalogue for God's sake?

I was thinking the same thing when I read this and the answer PaSnow gave is the correct one...MONEY.  Anyone knows that Blood Sugar Sex Magik would be their signature CD and will always be unless they have one helluva creative flood that sends shocks through the group sometime in their (aging) future.

Tommie
 Rep: 67 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

Tommie wrote:

I just figured they got the OK on the name before the show even started.  But since they didnt, RHCP have ever right to cause a shit storm.

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

Not only the title of the album but also a title of a song...good lord.  I'd say the creator of the show really likes RHCP's but I agree that they should have seeked approval.   Did the creator of the show think this wasn't going to eventually happen?

Neemo
 Rep: 485 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

Neemo wrote:

actually i thought that they woulda had the chilli pepper tune as their opening, when i first heard of it.

but since Californication isnt really a word i would think that Chilli's have a case, still after the whole Tom Petty incident from their last album i dont think they should bother anybody about copyright infringement roll 16

RussTCB
 Rep: 633 

Re: Red Hot Chili Peppers sue Showtime over "Californication" infringement

RussTCB wrote:

removed

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