Red Hot Chili Peppers sue 'Californication' TV Series

[-AMO-]

LOS ANGELES, Nov. 19, 2007 (PRIME NEWSWIRE) — Grammy-winning band the Red Hot Chili Peppers today filed suit against Showtime Networks Inc. and the creator and executive producer of the Showtime series “Californication” for unfair competition involving misuse of the band’s intellectual property.

The lawsuit says the band’s “Californication” title “is inherently distinctive, famous and has been the subject of substantial advertising and promotion, has been used and advertised throughout the United States and the world, is widely recognized… and immediately associated in the mind of the consumer and those in the trade” with the Red Hot Chili Peppers.

Use of the “Californication” name by Showtime and other defendants “constitutes a false designation of origin and has caused and continues to cause a likelihood of confusion, mistake and deception as to source, sponsorship, affiliation, and/or connection in the minds of the public,” the suit says.

The suit says that actions by the defendants in creating, marketing, promoting and distributing the TV series “have been fraudulent, knowing, willful, and wanton.”

The band’s 1999 album “Californication” was one of its most commercially successful, selling more than 14 million copies worldwide. It received a Grammy nomination for Best Rock Album in 1999 and the Best Album nomination at the 1999 MTV Europe Music Awards, and it was named the Must-Have Album at the My VH-1 Awards in 2000. In addition, “Californication” was on Rolling Stone magazine’s list of the Top 500 Albums of All Time and was selected among the 200 most influential and popular albums of all time by the National Association of Recording Merchandisers and the Rock & Roll Hall of Fame.

“The Red Hot Chili Peppers would never have allowed their iconic album and song title to be used as the title of a television program — much less this one,” said the band’s litigation counsel, Justin Ehrlich of The Law Offices of Ian Herzog in Santa Monica, CA. “They are particularly offended that Showtime used its material without permission.”

The lawsuit, filed in Los Angeles Superior Court, alleges unfair competition, dilution of the value of the “Californication” mark and unjust enrichment. It seeks a permanent injunction barring Showtime and other defendants from using the title “Californication” “or any confusingly similar title” for the TV program, music or memorabilia. It also seeks actual damages; treble damages; restitution and disgorgement of all profits; and punitive damages.

Band frontman Anthony Kiedis said, “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.”

Plaintiffs in the suit are band members Anthony Kiedis, Chad Smith, John Frusciante and Michael “Flea” Balzary. In addition to Showtime, a wholly owned subsidiary of CBS, defendants are Twilight Time Films, Inc., Aggressive Mediocrity, Inc., and Tom Kapinos. The suit identifies Kapinos as the creator, writer and executive producer of the “Californication” TV show.

http://www.billboard.com/bbcom/news/..._id=1003674961

http://www.primenewswire.com/newsroo....html?d=131696

[Ganty]

Are they on fucking crack?? If anything the shows title will bring their album a greater audience.

[Fusen]

the show is much better than the album anyway

[inspectercoley]

as will this publicity stunt?

[Tattooed Freak]

I think its a bit sad, its a great TV show. They are turning into grumpy old men, who used to be on crack!!!

[Waka]

Did they trademark the word? No? Then get fucked!

W.

[BBK]

The term first came about in the 70's and from what I understand like Waka above says you cannot copyright a word.

Sounds to me like a bunch of desperate losers trying to rape a few more pennies out before their careers finally die, but thats just the cynic in me.

[BertRoot]

I did wonder how long this would take tbh. Next series will feature that as the theme and the Chillis getting a cash payout every episode.

[-AMO-]

Did they trademark the word? No? Then get fucked!

W.

They're not claiming they did.

Sounds to me like a bunch of desperate losers trying to rape a few more pennies out before their careers finally die, but thats just the cynic in me.

It's actually the lead singer which is persuing the lawsuit. The rest of the band members were relatively oblivious to it until recently, and as much as I disagree with what he's doing, I doubt very much it has anything to do with money and more to do with protecting something that's important to him.

[BBK]

Twat shouldn't have used a known expression then. No, this has nothing to do with protecting identity unless he really is a complete knob.

EDIT: Oh, just realised I'm dealing with a fanboy. Oh well. There goes common sense out the window.

[-AMO-]

EDIT: Oh, just realised I'm dealing with a fanboy. Oh well. There goes common sense out the window.

A fan, yes - but if you looked at my previous post you would have seen that I also disagree with what he's doing and think he's being a dick. Just like you're a dick for making assumptions.

[BBK]

If you are a fan its difficult to be totally unbiased, but I apologise for making the assumption. For myself I know I am terribly biased when it comes to United.

[apllrd]

FFS, what next, is the church going to sue Micheal Flattely for unfair use of 'lord of the dance'

[BBK]

Im actually thinking of suing anyone who named their child Kevin after 30 September 1970 as they were obviously copying my parents.

[Thrush]

Why stop there, you could do it with every possible word avaliable!

But don't worry they will use the 'Tarzan' case and all will be fine with the world..

WAAAAHHHAHAHAHAHAHAHAAAAAAAAAAA (can't remember the correct spelling lol)

Didn't have to pay a penny for that! ^_^

[blaggard]

FFS, what next, is the church going to sue Micheal Flattely for unfair use of 'lord of the dance'

In his case it IS blasphemy!

[RhinoBanga]

Hmmm ... the show has been airing for the last 3 months and considering the amount of publicity it's been getting on US TV it's only *now* they decide to sue.

Smells of a cash-in if you ask me, especially since it's so popular. I bet they wouldn't have given a fu(k if the show panned.

As Berty mentioned I recon it's just a case of them wanting to hook up with the show, to keep their "brand" in the public eye untill the next album.

[whatnow]

well let's put it this way, Royal Mail own trademark to a specific colour of red... so anytihng is possible...

[EvilBoB]

What a pile of cack. Chilli Peppers have just dropped 10 rungs on my coolness-ometer

[fastlegs_]

What the hell are they playing at, playing a Metalica publicity stunt Next they'll be suing the Red Hot Chili pipers, pipe band. Nobs