Red Hot Chili Peppers Sue Showtime over 'Californication' Title

« Stagehand Denied Ban on Goldblum Film Distribution | Main | The Barry Bonds Indictment »

Red Hot Chili Peppers Sue Showtime over 'Californication' Title

Mon Nov 19, 2007 @ 10:08AM PST

Posted by Matthew Belloni

Californication2Californication I knew that title sounded familiar. We got word this morning that LA punk-pop stalwarts Red Hot Chili Peppers are suing Showtime and the producers of "Californication," the David Duchovny dramedy, for unfair competition for using the title of the band's hit 1999 album without permission. The complaint is being filed in Los Angeles Superior Court today but the band's lawyers provided us a press release with the details. The Peppers don't claim Federal trademark infringement. Instead they allege state law claims of unfair competition, dilution of value of the "Californication" mark and unjust enrichment.

“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,” band frontman Anthony Kiedis says in the release.

Use of the "Californication" name by Showtime "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 complaint is quoted in the release.

Plaintiffs in the suit are band members Anthony Kiedis, Chad Smith, John Frusciante and Michael “Flea” Balzary. In addition to Showtime (a 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” show

A call to Showtime wasn't immediately returned. Coincidentally, we just ran an article on the use of existing titles in TV shows, click here to check it out.

"Californication," released in 1999, is one of the Peppers' most successful albums, selling 14 million copies worldwide. There's also a hit track on the album called "Californication."

The Peppers are represented in the case by Justin Ehrlich of the Law Offices of Ian Herzog in Santa Monica.

UPDATED: Here's the full complaint.

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451d69069e200e54f9c88a88834

Listed below are links to weblogs that reference Red Hot Chili Peppers Sue Showtime over 'Californication' Title :

» Red Hot Chili Pepper Sues Showtime For Not Coming Up With Their Own Cool Word That Means Screwing In The Golden State [Californication] from Company Town
If you came to Californication without knowing much about the Showtime series, youd be forgiven [Read More]

» Psychic spies from Showtime try to steal Chili Pepper's Mind's Elation, Band says. from un-pitchable
Showtime made themselves a lil show called Californication, starring David Duchovny. Everyone at Showtime is really fired up about it. The Chili Peppers, who are suing said network, are not. “Californication is the signature CD, video and song ... [Read More]


The Hollywood Reporter
The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to Matthew.Belloni@thr.com

The Hollywood Reporter
Contact: Patrice Atiee at 323.525.2014 or patrice.atiee@thr.com


The Hollywood Reporter is Your Complete Film Resource

The columnists and bloggers who write for The Hollywood Reporter have their collective finger on the pulse of the boxoffice. Martin Grove and the other THR columnists deliver their thoughts on the film industry in an uncompromised style. Subscribe to THR today and get the latest views from these film experts and get the latest movie reviews as well.