RH Chili Peppers to sue Showtime...

downhill · Post by **downhill** » Tue Nov 20, 2007 9:38 am

http://www.billboard.biz/bbbiz/content_ ... 9b33e7656c

By Susan Butler, N.Y.

Members of the Red Hot Chili Peppers have sued Showtime Networks and others over the new television show called "Californication," the same name used by the band for their Grammy-nominated 1999 album.

The suit, filed in Los Angeles Superior Court today, sets out claims under federal trademark law and state unfair competition law. The complaint alleges that the composition entitled "Californication" and the album achieved "extraordinary critical and commercial recognition." The album, which the band claims sold more than 14 million units, was nominated for a Grammy as Best Rock Album in 1999.

"Californication is the signature CD, video and song of the band's career," band frontman Anthony Kiedis said in a statement. "For some TV show to come along and steal our identity is not right."

Named as defendants are Showtime Networks, Twilight Time Films, Aggressive Mediocrity and Tom Kapinos. They were not immediately available for comment.

U.S. Trademark Office records show that Showtime filed an application to trademark Californication as an ongoing television series, but the rights have not yet been granted. Federal registration is not essential to claim rights in a mark.

Band members want the show to stop using the name and to turn over any profits made by using it.

In the 1990s, rock band Living Colour unsuccessfully sued the Fox Network and others on similar claims over the television program "In Living Color."

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I think they're going to have a hard time winning this one. If they had coined the term...maybe. The word, (or whatever) Californication has been around a long time. I first heard it as a kid as Californians were moving into Idaho, Oregon and Washington and people in them locals didn't want a different way of life that what the migration was bringing with them.

Roody · Post by **Roody** » Tue Nov 20, 2007 6:01 pm

They will lose that lawsuit.

DV · Post by DV » Tue Nov 20, 2007 8:01 pm

I agree, they will likely loose. And they'll come off looking a bit Metallica-ish. Maybe the person that initially coined the term will come forward and sue the RHCP.

tHE_0ne · Post by **tHE_0ne** » Tue Nov 20, 2007 8:55 pm

what DV said, feels like another Metallica sue

TonyT · Post by **TonyT** » Tue Nov 20, 2007 8:59 pm

I think (and I hope) they will win the suit because Californication is a unique name that they created. The word did not exist and was unknown prior to their use of it, they created the word and its definition. Just like the term Google.

downhill · Post by **downhill** » Tue Nov 20, 2007 9:15 pm

TonyT wrote:I think (and I hope) they will win the suit because Californication is a unique name that they created. The word did not exist and was unknown prior to their use of it, they created the word and its definition. Just like the term Google.

Tony, that word has been around as long as you and I have. lol

YARDofSTUF · Post by **YARDofSTUF** » Tue Nov 20, 2007 9:46 pm

http://en.wikipedia.org/wiki/Californic ... manteau%29

downhill · Post by **downhill** » Tue Nov 20, 2007 9:51 pm

YARDofSTUF wrote:http://en.wikipedia.org/wiki/Californic ... manteau%29

Californication is a portmanteau of California and fornication, written about in Time on August 21, 1972 and seen on bumper stickers in the U.S. states of Colorado, Oregon and Idaho.[citation needed] It refers primarily to a "haphazard, mindless development that has already gobbled up most of Southern California",[1] which some attribute to an influx of Californians to other states in the Western U.S.

Seems I heard that term long before that but maybe not..

TonyT · Post by **TonyT** » Wed Nov 21, 2007 7:38 am

I didn't realize the word was that old. I don't recall hearing of it until that song. here on the east coast we care little about Calif and the lifestyle there. So Cal is nothin but a desert w/ shrubs and buildings on it. Nice place to visit for no more than a week, but would not ever wish to live there...no real trees there at all.

DV · Post by DV » Wed Nov 21, 2007 7:38 pm

I guess those were fake trees that just fueled some of the biggest fires in recent history? So Cal has deserts, shrubs and buildings, but it's also got forests, mountains and some decent coastal areas. To me, at least, that post seemed out of character coming from you.

Bouncer · Post by **Bouncer** » Sat Nov 24, 2007 6:18 am

I think it's more about making sure they protect the rights to their album.

Functionally if they don't sue, they can lose control of the word as it refers to their album, and that can cost them money.

Regards,
-Bouncer-

Humboldt · Post by **Humboldt** » Sat Nov 24, 2007 3:59 pm

TonyT wrote:So Cal is nothin but a desert w/ shrubs and buildings on it. Nice place to visit for no more than a week, but would not ever wish to live there...no real trees there at all.

That's why NorCal is so nice. I live one mile from the Pacific, surrounded by 5' thick redwoods and ferns, rivers and lagoons

Randy · Post by **Randy** » Sat Nov 24, 2007 6:13 pm

Bouncer wrote:I think it's more about making sure they protect the rights to their album.

Functionally if they don't sue, they can lose control of the word as it refers to their album, and that can cost them money.

Regards,
-Bouncer-

I agree ex: buying the californication dvd? some confusion for sure. I dont think chillies are suing for a cash grab its more about "who is wtf". Unlike metallica who are money hungy lil pigs and suck ass post burton.

Blisster · Post by **Blisster** » Sun Nov 25, 2007 1:09 pm

TonyT wrote:I didn't realize the word was that old. I don't recall hearing of it until that song. here on the east coast we care little about Calif and the lifestyle there. So Cal is nothin but a desert w/ shrubs and buildings on it. Nice place to visit for no more than a week, but would not ever wish to live there...no real trees there at all.

Lol, tony thats a funny thing to say. I've traveled most of this country in my short 37 years and I have to say that California is one of the most diverse and beautiful states I've seen. No real Trees?
Los Angeles !=California.