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The Red Hot Chili Peppers filed a lawsuit Monday against Showtime Networks over the name of television series “Californication,” which is also the name of the band’s successful 1999 album and a single on it.
The Red Hot Chili Peppers filed a lawsuit Monday in Los Angeles Superior Court against Showtime Networks, “Californication” creator and executive producer Tom Kapinos and two production companies, Twilight Time Films and Aggressive Mediocrity, Inc.
The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, according to the Associated Press. It claims that the title is “inherently distinctive, famous ... and immediately associated in the mind of the consumer” with the Red Hot Chili Peppers.
Frontman Anthony Kiedis said in a statement: “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 suit also alleges that both the song and the album titled “Californication” achieved “extraordinary critical and commercial recognition.”
Showtime’s series stars David Duchovny (of “X-Files” fame) as a middle-aged novelist suffering from writer’s block and a mid-life crisis; his former girlfriend has moved on with her life and is now engaged (his ex is portrayed by Natascha McElhone) and their precocious 12-year-old daughter Karen (Madeleine Martin) experiences typical struggles of puberty.
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 band’s lawsuit seeks a permanent injunction barring Showtime and the other defendants from using the title “Californication” for the show, reports the AP, as well as damages, including the profits they have made through the show.
Billboard.com reports that records from the U. S. Trademark Office show that Showtime filed an application to trademark “Californication” as an ongoing television series. While the rights have not been granted yet, Billboard notes that federal registration is not essential to claim rights in a mark.
During a Television Critics Association press tour this summer, Kapinos explained he had learned of the term “Californication” 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,” Kapinos was quoted by the AP as saying.
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