Red Hot Chili Peppers sue Showtime

[GA!]

Rock band the Red Hot Chili Peppers are suing a US network over the name of its TV show, Californication.

The band says the title is "immediately associated in the mind of the consumer" with its 1999 album and single release.

It has filed a lawsuit against Showtime Network - the makers of the TV show, which stars David Duchovny as a writer going through a mid-life crisis.

"For some TV show to come along and steal our identity is not right," said the band's singer, Anthony Kiedis.

He described Californication as "the signature CD, video and song of the band's career".

'Dani California'

The legal action seeks a permanent injunction barring Showtime from using the title of the show and "disgorgement of all profits derived by the defendants".

It says the programme also features the character, Dani California, which is also the title of a Red Hot Chili Peppers song which was released in 2006.

Tom Kapinos, the show's creator and executive producer, was unavailable for comment.

In July, he told reporters that he first heard the term "Californication" in the state of 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," he said.

-Source: BBC News

Edited November 20, 2007 by God-Awful

[MalaCloudy Black]

This just makes me sad. I don't know whether it's the claim, or the fact that Californication is the "signature song" of the band's career. The Dani California thing seems plausible enough because I never heard it prior to the song, but I've heard californicate/californication prior to the song's release.

Also this may back the show's creator up:

http://www.time.com/time/magazine/article/...,877985,00.html

Probably doesn't matter though.

Edited November 20, 2007 by Cloudy Bartowski

[Benji]

It was around before the Chili's popularised it, but I'd say it's pretty likely why he used that name, it's not because of what it means, it's what the association brings, especially using a character called "Dani California". Heck, Hank Moody is basically a Kiedis-lite author come rockstar, I love the show, but the defence is mediocre at best to me.

[Dan]

Sue them motherfuckers.

[Crybaby Bunting]

When the show first came out I wondered how they'd got away with a name like that.

I mean it's not like it's a name that could really be used in any other way, like for example if a show was called 'Nevermind' or 'By The Way' it just reeks of blatent rip-off

And to say that he hadn't heard of the name is rediculous, if it was an album B-Side I'd give him that but it's Californication: it's both an album and a song, both regarded as some of the best stuff that the Chilis have done. I can't remember the ranking of the single but i'm sure it reached at least top 10 - and is almost an anthem in terms of late 90s songs.

[MalaCloudy Black]

I just think it's a bit stupid really, the show's been on since August and they're just now getting around to filing suit? Really? Just seems like they're trying to cash in because they've realized that the show's gaining popularity. I'm sure that as soon as it premiered RHCP found out about the title and everything, all it takes is one attentive person to bring the issue of the show's title to their attention.

I mean, it goes either way: if the show's creator was aware of the song then surely it would have been just as easy for RHCP to have learned of the title of the show months ago.

and yes, it IS possible for him to have not been aware of it - not everyone pays attention to music. Dude might just spin Bob Dylan vinyls when he wants to listen to music. Not everyone is aware of popular music. I'm being pedantic, though, because if there's a character called Dani California he surely learned of the RHCP song.

I mean, really - I'm sure people are going to say "RHCP are busy people" blah blah but it wouldn't take that much effort on RHCP's part (as it wouldn't have taken much effort on the show creator's part) to find out that "Californication" is slated to be the title of a TV show.

Edited November 20, 2007 by Cloudy Bartowski

[RPS]

Remember when the Red Hot Chilli Peppers were relevant? All I hear know is the sounds of a bunch of old men grasping for straws.

Seriously. Its fucking ridiclous. If he invented the word or a phrase, than it's cool. If they made a show called Hump Bump, than sue away. But it's a word that has existed for a long time. Fucking christ...

And does anyone else find it ridlcous RHCP are suing someone for ripping them off? If I were Petty, I'd sue their asses for a being a bunch of pussys.

Edited November 20, 2007 by PunkRockPete

[MalaCloudy Black]

Remember when the Red Hot Chilli Peppers were relevant? All I hear know is the sounds of a bunch of old men grasping for straws.

Seriously. Its fucking ridiclous. If he invented the word or a phrase, than it's cool. If they made a show called Hump Bump, than sue away. But it's a word that has existed for a long time. Fucking christ...

And does anyone else find it ridlcous RHCP are suing someone for ripping them off? If I were Petty, I'd sue their asses for a being a bunch of pussys.

I wouldn't really call it a case where RHCP are suing because they're being ripped off, the whole Petty incident and this are worlds away - on one end you have claims that "Dani California" is almost exactly like "Mary Jane's Last Dance" musically, on the other end you have RHCP suing Showtime because the show is "stealing their identity".

Still, I do agree, it's a ridiculous suit - but all it would have taken on either end is a little research to have cleared everything up even before the show premiered.

What I'm trying to say is that all it takes is an active internet connection to have researched the title. It's stupid on both ends. Even if the guy hasn't heard of the song, all he had to do is google the term and try to get in contact with RHCP about using the word - and on the flip side, suing Showtime over this strikes me as stupid too.

Edited November 20, 2007 by Cloudy Bartowski

[RPS]

Oh, I know that the comparison between the two situations is entirely different, but still. RHCP can't really bitch about people stealing their identity off when they basically stole an entire song from Tom Petty.

And I agree, its a ridiclous lawsuit. RHCP are completely ridiclous thinking that they own that word. Can no one use the word Music because it's the name of a Madonna single and album? It's fucking ridiclous.

[GA!]

Oh, I know that the comparison between the two situations is entirely different, but still. RHCP can't really bitch about people stealing their identity off when they basically stole an entire song from Tom Petty.

And I agree, its a ridiclous lawsuit. RHCP are completely ridiclous thinking that they own that word. Can no one use the word Music because it's the name of a Madonna single and album? It's fucking ridiclous.

That's not really a good argument though. When someone says 'Music', we think of music as a whole because its the broadest word you can have in the industry. When someone says 'Californication' its a far more distinctive name and myself, like I'm sure countless others, thought of the Red Hot Chili Peppers, especially when the show was/is advertised or shown.

And another thing, its pointless to mention the Tom Petty/Dani California thing. Petty could have sued and he didn't. Just because Petty didn't sue, it doesn't mean RHCP can't sue over anything ever again.

[RPS]

A) It's a word that existed before RHCP uses, so your point is moot. If I used some word like desultory and wrote an album about it, it wouldn't mean I had any right to the song. Its not like I could go around being like, I brought desultory back and now it defines who I am and I have complete right to the word. I didn't invent the word, and nor did RHCP. They should quit being pussy's and suck it up.

B) I didn't say they couldn't sue. I just said they didn't have a right to bitch. Sue away if they want, it just a bunch of old rockers grasping for straws. It just makes them look like hypocrites and total bitches for suing when they themselves are guilty of ripping off other people.

Edited November 20, 2007 by PunkRockPete

[Ananas]

Californication existed prior to the song, yes, but the Time article Cloudy linked to that coined the phrase carried an entirely different meaning. That article referred to the great western emigration at the time, and the resulting over-development of Southern California as a result. The song refers to the sleazy underbelly of Hollywood. If you've seen Californication, you'll know that the title takes its meaning from the latter. The use of the character "Dani California" is just the smoking gun that hammers the point home. The Tom Petty thing is completely irrelevant. The producers are absolute morons for not clearing this with the band in advance.

And I love the snide swipes at RHCP as "old rockers grasping for straws". How many bands sell half as many records? They've haven't released an album that moved less than 5 million units in 18 years. They had the top selling album of 2006. If they were trying to piggy back themselves to some sort of newfound success, I imagine they'd probably try to find a target with a slightly larger audience (2 million weekly viewers all reruns included compared to 7 million copies of "Stadium Arcadium" sold).

[Skummy]

In any sensible legal system, this would never go through, because it's utterly pointless, and because there's no cause for confusion between a TV show and a song...but lol, America, so you never know.

Ultimately, I don't see why RHCP should get so fussed about it...if anything, isn't it only giving the Chilis more recognition, because people will be hearing and seeing the name "Californication" more often, and it'll be reminding them of the album, of the song, and of the band. It's not like it's a massive right-wing broadcast that'll take away from what the Chilis "stand for", whatever that is nowadays, it's a fairly quirky light-hearted show that I can barely see people being up in arms over any possible Chili Peppers association with it.

like for example if a show was called 'Nevermind' or 'By The Way' it just reeks of blatent rip-off

Both of those are horrible examples, as they're both every day expressions as much as they are album titles. Californication isn't, at least.

[Hellfire]

When I heard the title, I immediately thought of the song and CD, and wasn't sure how they got away with using it. (I hadn't heard it ever used before the song) I guess they actually didn't then.

[DMN in the House]

Not suprised this happened. When I saw the advertising for the show, which I've never seen, I immediately thought of the song/album. It has pretty much replaced Blood, Sugar, Sex, Magic as their signature work.

And anyone trying to talk about RHCP 'grasping at straws' has shown their ignorance in terms of music.

[Crybaby Bunting]

In any sensible legal system, this would never go through, because it's utterly pointless, and because there's no cause for confusion between a TV show and a song...but lol, America, so you never know.

Ultimately, I don't see why RHCP should get so fussed about it...if anything, isn't it only giving the Chilis more recognition, because people will be hearing and seeing the name "Californication" more often, and it'll be reminding them of the album, of the song, and of the band. It's not like it's a massive right-wing broadcast that'll take away from what the Chilis "stand for", whatever that is nowadays, it's a fairly quirky light-hearted show that I can barely see people being up in arms over any possible Chili Peppers association with it.

like for example if a show was called 'Nevermind' or 'By The Way' it just reeks of blatent rip-off

Both of those are horrible examples, as they're both every day expressions as much as they are album titles. Californication isn't, at least.

[livid]

But the fact remains that it was a word prior to their album so they really have no cause.

[Ananas]

It was a word with a different meaning. The usage of "Californication" as a derogatory reference to the sleazy underbelly of Hollywood came with the Chili Peppers song. And since "Californication" the show is basically about a playboy Hollywood writer dealing with a sexual crisis, the band has a point. I mean the United States legal system is way too litigious, but through that litigious scope their argument is valid.

[Bob Roberts]

The "it was a word before the song and we didn't know it was also the name of an album" argument kind of goes out the window since the show has a character named Dani California. There's no fuckin' way that just coincidentally happened.

[gunnar hendershow]

But that doesn't change the fact that RHCP are incredibly rich and have no need to sue. If they were starving artists I would support them, but this is just rich people fighting rich people. Fuck them both.