Red Hot Chili Peppers Sue Showtime Over "Californication"

AP   |   November 20, 2007 12:24 AM


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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.

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Personally, I am really tired of seeing the names of songs applied to movies, so I don't have as much a problem with this lawsuit.

    Favorite    Flag as abusive Posted 03:59 AM on 11/21/2007

I've lived in California my whole life and the term Californication has been around a long long time. I first heard it in the early 70s. What RHCP should trademark is being a lame ass bunch of has beens. The song Californication is one of the most boring tunes to hit the radio in decades.

    Favorite    Flag as abusive Posted 02:39 AM on 11/21/2007

RHCP album/song was the first thing I thought of when I heard about the show. I hate lazy artists, I hope they sue them into cancellation.

    Favorite    Flag as abusive Posted 01:50 PM on 11/20/2007

In 1979, after moving to Sacramento and subsequently having a relationship and getting dumped (yes, I know what you're thinking... "YOU?!?" :-), a friend of mine looked at me in the throes of my tragic despondency, and goes, "Congratulations! You've been CALIFORNICATED!"


1979. Rotsa ruck with that lawsuit, boyz!

    Favorite    Flag as abusive Posted 01:47 PM on 11/20/2007

I wonder if Slayer is next.

All of the main character's books are named after Slayer albums....

    Favorite    Flag as abusive Posted 01:28 PM on 11/20/2007

don't they have something better to do with their time, like perhaps release a non-adult contempory album? i remember when these guys were dangerous and funky, but i think that the new norah jones had more spunk than any chili pepper release in the past decade. sorry about the rant i just used to like these guys. :(

    Favorite    Flag as abusive Posted 11:36 AM on 11/20/2007

Let's hope the estate of Jelly Roll Morton sues Kiedis and company. His band was called the Red Hot Peppers.

    Favorite    Flag as abusive Posted 11:16 AM on 11/20/2007

I thought that was Tiny Tim in the pic
(google it folks)

    Favorite    Flag as abusive Posted 11:11 AM on 11/20/2007
- Paw1 I'm a Fan of Paw1 permalink

And by the way (don't sue me, Anthony), it's an 8 year old record. I could see some minor merit in the suit if the CD were newly released and confusion could be created in the minds of purchasers.

Who knows, maybe the opposite effect is true and the program creates renewed interest in the record. Stranger things have happened. Besides, better to be associated with this program than most of the other crap on TV anyway.

    Favorite    Flag as abusive Posted 10:55 AM on 11/20/2007

Losers!

    Favorite    Flag as abusive Posted 10:30 AM on 11/20/2007

Still, this is the best show for adults on TV right now.

    Favorite    Flag as abusive Posted 10:20 AM on 11/20/2007

their case holds no water. It was part of the nomenclature long before these guys used it.

    Favorite    Flag as abusive Posted 09:17 AM on 11/20/2007
photo

Unfortunately for the RHCP, they never filed for a trademark on "Californication", while Showtime has (as of this time, they have not received TM status on the word). When I heard about the show, I immediately thought of their album, so I associate the word with the band. A google search shows that the RHCP "brand" has indeed been diluted, as the Showtime program tops the search. Even on the wiki entry, the Peppers album is subordinate to the show. In the long run (oops, don't sue me Eagles) the question will be which one has the staying power. I vote for the album. This show will be around for One Hot Minute and likely slip into oblivion, leaving the Peppers on top of the search again.

By the Way, I wonder what Paul and Ringo would have to say about the Peppers' "Abbey Road" EP. Does it dilute the Beatles' brand?

    Favorite    Flag as abusive Posted 09:17 AM on 11/20/2007

Song and album titles are not inherently trademarks, nor are the titles themselves copyrightable. Unless they have trademarked the album title, they will have a hard time to prove they have any standing to file this lawsuit. Also, I'm sure Showtime's lawyers are, as we speak, looking for examples of usage of the term "Californication" that predates the album's release.

    Favorite    Flag as abusive Posted 02:10 AM on 11/20/2007


Some lazy Showtime lawyer's got some 'splainin' to do...

    Favorite    Flag as abusive Posted 12:51 AM on 11/20/2007
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