View Full Version : Red Hot Chili Peppers Sue Tv Company Over "californication"
roccacelli
20 Nov 2007, 20:36
http://ap.google.com/article/ALeqM5hXVv0IC0fe0thuWRd3eqqXAsw4CAD8T164Q00
Red Hot Chili Peppers Sue Showtime
7 hours ago
LOS ANGELES (AP) — 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.
VERY INTERESTING ON PEOPLES THOUGHTS HERE
jorel6669
20 Nov 2007, 22:12
Seems like a waste of time. Just makes them sound like A-holes.
Was there ever such a kerfuffle with the Rolling Stones, Rolling Stone magazine and Dylan's Like a Rolling Stone song?
I like RHCP but they can **** off.
Should take it as a compliment. Anytime someone punches Californication into google trying to get the TV show they get links to the album as well, so it works both ways.
Scruff83
21 Nov 2007, 07:00
Steal their indentity? Whatever. It's just a ****ing word. Get over it.
"immediately associated in the mind of the consumer"
Not everyone associates the word with their shit music.
Should take it as a compliment.
That's what I thought when I first read it.
Also,why has it taken them 3 months to decide to sue ?
Are RHCP's struggling for some publicity at the moment or they have a new CD out and want some publicity for it ?
SpiralNotebook
21 Nov 2007, 07:37
take it as a compliment? to be linked with a poorly written, sleazy "drama" thats a good one!
Peninsula Boy
21 Nov 2007, 10:15
They might overcome the Rolling Stones and become the most litigious band in the world.
dont bowl there
21 Nov 2007, 10:21
When the show first started who didnt think of the RHCP's when hearing the name? I can understand why they want to sue the show since it is a crappy soap drama.
SpiralNotebook
21 Nov 2007, 10:57
you just answered ur own question mate, why would they want to be put in the same category as a crappy soap drama.
Bender571
21 Nov 2007, 12:48
Also,why has it taken them 3 months to decide to sue ?
$$$$
If the show got cancelled after the pilot they probably would of lost money after a law suit. I'd say they deliberately waited until the show was established so they could make more money from it.
TigerFan
21 Nov 2007, 16:20
maybe Time magazine should sue RHCP for making money off the term they popularised?
sounds like little more than a stupid cash grab
Crosby87
21 Nov 2007, 16:39
Yeah, kinda lame. Who cares.
Mr Sensitive
22 Nov 2007, 12:20
what a joke!!
imagine if the simpsons writers sued every other show/film/musician/comedian for stealing the lines they created!!
james Dean
22 Nov 2007, 19:39
The difference is The Simpsons creators aren't stuck up money obsessed arse holes like Keidis
johnnyhoward
22 Nov 2007, 22:04
what a joke!!
imagine if the simpsons writers sued every other show/film/musician/comedian for stealing the lines they created!!
What if the Simpsons writers were sued for every homage to every film they contained in every episode?
It's clear that the title was a nod to the album, and same with the Dani California character. If anything it'll provide more publicity for RHCP.
FootyJunkie
22 Nov 2007, 23:39
Yanks love lawsuits, I'm glad we aren't like them....completely
ekzistenz
23 Nov 2007, 11:30
maybe Time magazine should sue RHCP for making money off the term they popularised?
sounds like little more than a stupid cash grab
Speaking of Time magazine, how come Pink Floyd haven't sued yet. :p
cats2rise
23 Nov 2007, 11:41
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.
That bit is a bit strange. The first thing I thought of when I heard the show was indeed the RHCP, but to sue is a bit far..
red+black
23 Nov 2007, 14:46
They deserve ongoing royalties for use of the name. Simple really. Can't see how anyone can disagree.
Sherrinator
23 Nov 2007, 17:21
They deserve ongoing royalties for use of the name. Simple really. Can't see how anyone can disagree.
Time coined the word before the red hot chilli peppers. Time should get royalties everytime someone buys, plays or mentions californication.
TigerFan
25 Nov 2007, 16:13
I guess Flea's gonna need the money now, isn't he? :p
Agree with most of the other posters here. RHCP should take it as a compliment, if in fact the producers did take the name from their song.
dont bowl there
26 Nov 2007, 11:37
Agree with most of the other posters here. RHCP should take it as a compliment, if in fact the producers did take the name from their song.
A courtesy call to the RHCP would have been enough you would think, the producers of this show should have been smart enough to do at least that.
This is very similar to the Apple case. Apple Music (The Beatles) tries to stop Jobs using Apple for his computers, the courts mainly British found that as long as Apple Inc didn't go into Music Publishing etc they were fine. Apple US settled with Apple UK over I Tunes recently
I can't see the nexus between a TV Show and the Rock Band, they haven't stolen the IP, they haven't stolen a trade mark phrase, and its unlikely RHCP invented the Phrase Californication. It speculative at best, that said the TV network may shell out some $$$
FootyJunkie
26 Nov 2007, 23:54
I guess Flea's gonna need the money now, isn't he? :p
He was holding out for a possible "Back to the Future Part IV" so he could reprise his role as Needles. Didn't work out :p
SpiralNotebook
27 Nov 2007, 06:32
This is very similar to the Apple case. Apple Music (The Beatles) tries to stop Jobs using Apple for his computers, the courts mainly British found that as long as Apple Inc didn't go into Music Publishing etc they were fine. Apple US settled with Apple UK over I Tunes recently
I can't see the nexus between a TV Show and the Rock Band, they haven't stolen the IP, they haven't stolen a trade mark phrase, and its unlikely RHCP invented the Phrase Californication. It speculative at best, that said the TV network may shell out some $$$
So when the program began and 99% of people initially thought of rhcp it was a coincidence? :rolleyes:
vanders
27 Nov 2007, 10:45
What a joke! :p
Bender571
27 Nov 2007, 14:07
So when the program began and 99% of people initially thought of rhcp it was a coincidence? :rolleyes:
But did these people think there was a relationship between RHCP and the TV show.
Could you find me 1 person who viewed an ad for californication and thought 'hey thats the same name as that RHCP album, I'm going to watch it because I love RHCP'
I find it hard to believe that the show profited from the name because it was the same as the album, or that by using the name RHCP suffered some sort of damage.
I don't see how they deserve some sort of monetary compensation
Whats next, will tabloids have to pay to use the word TomKat (Tom cruise and Katie Holmes), or Brangelina (Bradd Pitt and Angelina Jolie)
dont bowl there
27 Nov 2007, 14:17
But did these people think there was a relationship between RHCP and the TV show.
Could you find me 1 person who viewed an ad for californication and thought 'hey thats the same name as that RHCP album, I'm going to watch it because I love RHCP'
I find it hard to believe that the show profited from the name because it was the same as the album, or that by using the name RHCP suffered some sort of damage.
I don't see how they deserve some sort of monetary compensation
Whats next, will tabloids have to pay to use the word TomKat (Tom cruise and Katie Holmes), or Brangelina (Bradd Pitt and Angelina Jolie)
While I didnt watch the show because I love RHCP, it was the first reaction that came into my head. Most articles I read on the show before it started asked if the RHCP's were any inspiration to the name. While they said no every time its obvious that most people would make that connection. Then to name a character the same as a song from them is just plain idiotic.
DeadlyAkkuret
27 Nov 2007, 14:38
As if i needed further proof that the man is a complete knob! They don't own the word, the idiot just admitted he'd ripped the idea from a bumper sticker! Go to hell you sunburnt sooks!
Bender571
27 Nov 2007, 14:55
While I didnt watch the show because I love RHCP, it was the first reaction that came into my head. Most articles I read on the show before it started asked if the RHCP's were any inspiration to the name. While they said no every time its obvious that most people would make that connection. Then to name a character the same as a song from them is just plain idiotic.
But where is the damage to RHCP? There is no likely* lose of income and no likely* damage to their reputation.
I get the feeling you want to punish it for being a bad show, rather than using the name.
I do agree with your previous post that this could of been avoided with a courtesy call
*likely - I am willing to be proven wrong
dont bowl there
27 Nov 2007, 15:23
But where is the damage to RHCP? There is no likely* lose of income and no likely* damage to their reputation.
I get the feeling you want to punish it for being a bad show, rather than using the name.
I do agree with your previous post that this could of been avoided with a courtesy call
*likely - I am willing to be proven wrong
I just did a bit more research on this law suit and I really cant believe that the RHCP's didnt trademark the term "Californication". That is just amazing. So there is stupidity on both parts here with the tv show likely to win.
Bender571
27 Nov 2007, 15:33
I just did a bit more research on this law suit and I really cant believe that the RHCP's didnt trademark the term "Californication". That is just amazing. So there is stupidity on both parts here with the tv show likely to win.
It'll probably be settled, its easier for both parties
That's what I thought when I first read it.
Also,why has it taken them 3 months to decide to sue ?
Are RHCP's struggling for some publicity at the moment or they have a new CD out and want some publicity for it ?
Bout time you were red carded Jub! :p
ExTasDeeMan
28 Nov 2007, 17:33
Perhaps Tom Petty can sue them over their last single. Artists who sue are mongtards.
roccacelli
28 Nov 2007, 17:57
But did these people think there was a relationship between RHCP and the TV show.
Could you find me 1 person who viewed an ad for californication and thought 'hey thats the same name as that RHCP album, I'm going to watch it because I love RHCP'
I find it hard to believe that the show profited from the name because it was the same as the album, or that by using the name RHCP suffered some sort of damage.
I don't see how they deserve some sort of monetary compensation
Whats next, will tabloids have to pay to use the word TomKat (Tom cruise and Katie Holmes), or Brangelina (Bradd Pitt and Angelina Jolie)
when i saw first saw the comercials, i thought it was about rhcp, bt when i figured out it wasnt, i didnt watch it at all, and stll havnt to this day