If my initial reaction is any indication of whether or not a lawsuit has any merit, then this suit might have merit. When I first heard that Showtime was doing a show titled Californication, I immediately thought of the Red Hot Chili Peppers song and album from several years ago. Now the band is suing the cable channel over use of the name.
The band says that the title of the show dilutes the value of the album/song and that the title "immediately is associated in the mind of the consumer" with the band. The album was released in 1999. I didn't know that a character from the show, Dani California, was also the name of a song by the Red Hot Chili Peppers a couple of years ago.
This sounds like a legitimate lawsuit to me, but who knows. I'm certainly not an attorney. My background is in gynecology.















Reader Comments (Page 1 of 2)
11-20-2007 @ 8:23AM
Cincinnati Mike said...
Isn't "Californication" part of the vernacular? Like, people in Oregon pissed about all the Californians relocating and "Californicating" their state? Am I making that up?
I don't know if that makes a difference legally.
Does anybody remember how it turned out when the rock band Living Colour sued the Wayans brothers for stealing their name?
Reply
11-20-2007 @ 8:40AM
Mike said...
There's a character on the show named Dani California? I don't remember that at all. Also, I think the word "californication" might just be part of west coast culture. The Catch-22 is that could be partially due to the RHCP song.
Reply
11-20-2007 @ 8:42AM
Josh said...
Dani California is the name of the Suicide Girl Assistant person.
Reply
11-20-2007 @ 8:43AM
Tyra said...
in publishing titles of books aren't trademarkable. i would imagine it's the same situation here.
i could see the red hot chili peppers having a problem if their song was actually used without their permission, but this?!
besides, since this song is so old, isn't it good to have the name out there to remind people of it (like an ear worm)? i'm sure they got a couple of people who bought the song or the album as a result. afterall, any promotion is good promotion, right?!
Reply
11-20-2007 @ 8:59AM
Puck said...
"The band says that the title of the show dilutes the value of the album/song ..."
Like the Red Hot Chili Peppers have any artistic merit or value.
Reply
11-20-2007 @ 9:23AM
Cincinnati Mike said...
Not a regular viewer, but this show is pretty cynical (e.g., nuns giving blowjobs) and the RHCPs generally aren't. So I can see the "dilution" argument....sort of. Other than that, it seems like a money grab, which is both cynical and delightfully ironic!
Reply
11-20-2007 @ 10:16AM
Cristy Huppach said...
Seriously, the RED HOT CHILI PEPPERS are going to sue someone over using their ideas??? They have been so lucky that no one has ever sued them because they steal so many melodies. Tom Petty alone for their bastardizing of "Last Dance with Mary Jane"!
Reply
11-20-2007 @ 10:27AM
bluesilo said...
I think this holds merit. I thought of the Chili Peppers the moment I saw the name of the show and if it is not ok with the band, then they should probably win this lawsuit. I'm pro Chili Peppers, even though some of the comments here don't care for the band.
Reply
11-20-2007 @ 10:46AM
richard said...
Being a Musician, when this show First Appeared I watched it, enjoyed it, but wondered "what did it have to do with the Red Hot Chili Peppers." The Song and Album "same name for Album, and a song within it" was a very well received record and sold well and had 2 hits, at least. Myself having one record leaked on the internet before it ever made it to CD format ruined everything. 7 years later it has been downloaded 60,000 times, and how much money have I made? Once the CD hits the record stores/Amazon/Bestbuy/I-tunes. People buy them and there is a concentrated effeort by major labels to shut down any site hosting free dowloads of the records. But after the intitial 6 months they stop, except for the main criminal elements of piracy. Just like people in the music industry try to screw you already before you record comes out (Jimi Hendrix never made a Penny), then Consumers (some) try to steal it on the back end. Ever wonder why Ticket prices are so High and Tshirts are Outragously Priced. That is the only way a musiian makes money. by Touring. Musicians are taking the brunt of song sharing through friends sharing song's with friend's with friend's with friend's. The Red Hot Chili Peppers may still be a huge band, but I guarantee they are making less money on thier Record sales now then on thier worst record they ever put out from 1985- 1995. I do Believe Californification Borrowed from the Red Hot Chili pepper a Good Bit and I am Sure they will settle out of court. It was stupid of them to presume they could get away with this.
Reply
11-20-2007 @ 11:02AM
malren said...
I'm so sick of Kiedis and the whole frigging band. The word was around before they used it. They deserve nothing, as they have stolen so much music over the years that if this WAS clearly copyright infringement (which it's not) then I'd still want them to lose for being big fat babies and huge hypocrites.
P.S. Under The Bridge is the song _everyone_ and their mom knows, Peppers. You are lying when you call Californication your signature song. And you know it.
Reply
11-20-2007 @ 11:07AM
Zach said...
I agree the suit has merit, but why are RHCP doing this now? Hasnt the show been on for months already? Youd think theyd try to sue when they first heard about the shows name
Reply
11-20-2007 @ 11:40AM
Jim said...
In a related story, Anthony Kiedis is suing Monica Lewinsky for sucking.
Reply
11-20-2007 @ 12:12PM
sw said...
hey, ever since the nineties, the peppers have kept releasing the same album over and over again. they're sort of infringing their own copyright. maybe they should sue themselves.
Reply
11-20-2007 @ 12:14PM
BartmanDK said...
This has no meriets whatsoever.. The only thing they borrowed was the title of the show, which isent a RHCP dident invent! As far as i remember the Character Dani was never even mentioned as Dani California
Reply
11-20-2007 @ 12:19PM
Joey Geraci said...
What is with the Red Hot Chili Peppers hate here, people? Settle down.
I think they absolutely have a case, if only they had sued when the news of the name first hit the press. They have waited too long, IMO, and for no good reason. They deserve to loose now.
Reply
11-20-2007 @ 12:20PM
Eligio J Rosa said...
Here's the link at Wikipedia:
http://en.wikipedia.org/wiki/Californication_%28portmanteau%29
And no, I don't think is legit.
Reply
11-20-2007 @ 1:25PM
Mel said...
I hummed the song in my head when I first heard about the show.
Reply
11-20-2007 @ 1:29PM
tony said...
In defense of the show, aren't roughly 90% of RHCP songs about California? It's not the shows fault if the band has a one-track mind.
Reply
11-20-2007 @ 1:40PM
Aberdeen said...
Dear Red Hot Chili Peppers,
Please get over yourselves.
Thank you
People not from California
Reply
11-20-2007 @ 4:06PM
AzHousePro said...
And they are asking for all of the profits from the show?? You can't be serious. Sounds like a weak attempt to score on the success of the show.
I do know that they lost whatever small amount they would have made from me buying any more of their albums.
Reply