Red Hot Chili Peppers file lawsuit against Showtime

I was catching up on season 4 of Californication and I found this:

The Red Hot Chili Peppers filed a lawsuit on November 19, 2007 against Showtime Networks over the name of the series, which is also the name of the band’s 1999 album and hit single. They state in the lawsuit that the series “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”. Pointing to Dani California, a character who appears in both the series and three songs by the Red Hot Chili Peppers (including Californication) as well as confusion when shopping for their album and that of the series soundtrack, the band members are seeking unspecified damages. They are also requesting that a new name be found for the TV show.

Showtime Networks is expected to argue that the band did not in fact create the term Californication. They point out that the term appeared in print in Time Magazine in 1972, in an article called The Great Wild Californicated West. Canadian art-rock band the Rheostatics released an album called Whale Music in 1992, with a song called “California Dreamline”. In this song, the word Californication appears in the phrase “Californication, spooning in the dry sand”.

Kim Walker, head of intellectual property at Pinsent Masons, states that the band should have registered Californication as a trademark. Instead, the only application for such was filed in April 2007 in the US, by Showtime. The mark has not yet been registered.

4 Responses to “Red Hot Chili Peppers file lawsuit against Showtime”

  1. Jimmyboy March 25, 2011 at 10:37 am #

    I saw this coming so long ago. I’d support it if californication wasnt an awesome show

  2. Jimmyboy March 25, 2011 at 10:37 am #

    I saw this coming so long ago. I’d support it if californication wasnt an awesome show

  3. Its friday! March 25, 2011 at 6:39 pm #

    Showtime outta just send David Dacoveny to smooth talk there way out of this one

  4. Its friday! March 25, 2011 at 6:39 pm #

    Showtime outta just send David Dacoveny to smooth talk there way out of this one