red hot chili pepers sues showtime - GoFuckYourself.com

gideongallery · 11-20-2007, 08:30 PM

The Red Hot Chili Peppers are suing Showtime Networks, claiming they stole the title of their series Californication from the band's album and single of the same name.

The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is "inherently distinctive, famous ... and immediately associated in the mind of the consumer" with the Red Hot Chili Peppers.

The Chili Peppers's landmark album sold more than 14 million copies, received a Grammy nomination in its year of release (1999) and was named on of Rolling Stone magazine's Top 500 Albums of All Time.

Proving its "enduring popularity" the band cite that the single of the same name has been legally downloaded nearly half a million times.

The band have filed for damages on five counts in the California Superior Court.

"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," said the band's lead singer, Anthony Kiedis, in a statement.

The television series stars David Duchovny as a novelist suffering from writers' block and a mid-life crisis.

The show features a character named "Dani California," which is also the title of a Red Hot Chili Peppers song released in 2006, according to the lawsuit.

The suit seeks a permanent injunction barring Showtime and the other defendants from using the title Californication for the show, damages and restitution and disgorgement of all profits derived by the defendants.

http://www.smh.com.au/news/tv--radio...321759857.html

greedy SOB i remember arrested development (the band) did the same thing against the show.

CunningStunt · 11-20-2007, 08:33 PM

The first thing I thought of when I heard the TV show called that, was the chillis.

Totally agree with them. Uninventive pencil dicks at Showtime can't even come up with something original.

GrouchyAdmin · 11-20-2007, 08:36 PM

Yeah, that term was never used before that band opted on it.

L-Pink · 11-20-2007, 08:36 PM

Me too, first thing I thought of was the RHCP's

LiveDose · 11-20-2007, 08:39 PM

Interesting case.

Shagbunny · 11-20-2007, 08:40 PM

pretty much most everyone thinks of the peppers when they first heard of that show... I thought they might be involved someway

Shagbunny · 11-20-2007, 08:40 PM

and its an awesome show, i hope they work out something

ProducerCashDave · 11-20-2007, 08:43 PM

I hope they win

Bro Media - BANNED FOR LIFE · 11-20-2007, 08:52 PM

i can understand using californication, but also dani california? nahhh.. they are just trying to jack the peppers shit now...

Ayla_SquareTurtle · 11-20-2007, 09:19 PM

(disclaimer - I am a HUGE rhcp fan)

Ok... This was pure stupidity on the part of showtime. I have never seen the show but assumed that they had gotten permission and perhaps even used the song as the theme song. I have a feeling that if they had gone to the chili's and said "hey, we were inspired by your songs, can we use the name?" then they could have worked something out.

tony286 · 11-20-2007, 09:21 PM

Mike south used that word as a title for a vhs he did in 1997. Maybe mike should sue the chillis lol

crockett · 11-20-2007, 09:33 PM

First thing I thought of when I heard about the show was the chili peppers. I was kinda surprised they didn't use the song as I figured that's where they got the idea for the name.

ridikuloz · 11-20-2007, 09:35 PM

broke rock bands trying to get money through lawsuits. I love america!

J$tyle$ · 11-20-2007, 09:35 PM

Quote:

Originally Posted by tony404

Mike south used that word as a title for a vhs he did in 1997. Maybe mike should sue the chillis lol

Or the producers at Showtime should show that as prior art/usage of the word/name ;)

LOL

J$tyle$ · 11-20-2007, 09:47 PM

Quote:

Originally Posted by J$tyle$

Or the producers at Showtime should show that as prior art/usage of the word/name ;)

LOL

Hell, Mike and Homegrown Video should get in on the action and put out a press release saying that they are going to sue them both!

Could get them a ton of great publicity and they don't even have to file a suit!

Bro Media - BANNED FOR LIFE · 11-20-2007, 09:49 PM

Quote:

Originally Posted by ridikuloz

broke rock bands trying to get money through lawsuits. I love america!

learn about bands before you start saying stupid bullshit like this, Red Hot Chili Peppers are FAR from broke... they are alive and kicking and still selling out venues, can't say much for whatever "super stars" come from your country can you?

GrouchyAdmin · 11-20-2007, 10:22 PM

Quote:

Originally Posted by Jaysin

learn about bands before you start saying stupid bullshit like this, Red Hot Chili Peppers are FAR from broke... they are alive and kicking and still selling out venues, can't say much for whatever "super stars" come from your country can you?

A fan of Trey and the ChiliPeppers. Man, you're stuck in the 90s.

spacedog · 11-20-2007, 10:26 PM

Quote:

Originally Posted by J$tyle$

Hell, Mike and Homegrown Video should get in on the action and put out a press release saying that they are going to sue them both!

Could get them a ton of great publicity and they don't even have to file a suit!

Californicatin & Californication are two different words.

baddog · 11-20-2007, 10:30 PM

They will win, settled out of court.

After Shock Media · 11-20-2007, 10:31 PM

Damn like no others have shared names, holy hell there has been numerous times when even different movies and shows had the same damn names.

Now can the rhcp really show cause and effect with that show and people illegally downloading one if not thier most famous album"?
Hell what about all new legitimate sales of CD's and downloads since that show came on, those are all only due to the rhcp right?

It really is not like you will tune in week after week wondering when in the fuck will flea show up and think wtf is up with this bullshit!

WiredGuy · 11-20-2007, 10:44 PM

I hear californification and think of the chili peppers. I think they have a right to defend their brand. Showtime should have known better to use a brand like that unless it was a show about the Chili Peppers.
WG

J$tyle$ · 11-20-2007, 10:50 PM

Quote:

Originally Posted by spacedog

Californicatin & Californication are two different words.

LOL

you are obviously correct

my bad

ungratefulninja · 11-20-2007, 11:07 PM

I like RHCP.. but they didn't invent the word. Granted, Showtime should have picked something else to avoid confusion, but no one watching that show for 10 minutes will think it has anything to do with the band.

http://en.wikipedia.org/wiki/Califor...portmanteau%29

Barefootsies · 11-20-2007, 11:07 PM

Quote:

Originally Posted by ridikuloz

broke rock bands trying to get money through lawsuits. I love america!

cackle..

Shagbunny · 11-20-2007, 11:14 PM

Quote:

Originally Posted by ridikuloz

broke rock bands trying to get money through lawsuits. I love america!

chili peppers sell out wherever they go

GrouchyAdmin · 11-20-2007, 11:16 PM

Quote:

Originally Posted by Shagbunny

chili peppers sell out wherever they go

Even before they were on the Simpsons, they sold out.

Sebastian Sands · 11-20-2007, 11:23 PM

I saw them any many times.. even when Mothers Milk just came out. One of the best bands ever.

AsianDivaGirlsWebDude · 11-20-2007, 11:28 PM

If the case was not lost simply on the "Californication" title, the producers really screwed the pooch when they named a character "Dani California".

I have never seen the show, but have enjoyed the RHCP, throughout their evolution...

Best funk rock band ever, and they really know how to let it hang out...just ask Flea (one of the best bassists on the planet):

Check this out if you haven't heard "Californication".

ADG

ridikuloz · 11-20-2007, 11:43 PM

Quote:

Originally Posted by Jaysin

learn about bands before you start saying stupid bullshit like this, Red Hot Chili Peppers are FAR from broke... they are alive and kicking and still selling out venues, can't say much for whatever "super stars" come from your country can you?

not really. Don't really listen to rock. just random bullshit coming from my mouth. Would you like me to suck your penis?

KILL_FRENZY · 11-21-2007, 06:22 AM

I hope they'll win

D · 11-21-2007, 06:38 AM

Having not watched the show, I didn't realize they had a character named "Dani California," too...

And they didn't confer with the Red Hot Chili peppers before producing the show using those trademarks?

What the hell was Showtime thinking?

Like others, the first thing I thought of when I heard the show's name was the Red Hot Chili Peppers... but I have heard great things about the show, so I hope that they do get it worked out.

who · 11-21-2007, 07:15 AM

Quote:

Originally Posted by baddog

They will win, settled out of court.

That seems most likely to me too.

JFK · 11-21-2007, 07:35 AM

I like the peppers

BerdoR · 11-21-2007, 07:40 AM

Quote:

Originally Posted by ungratefulninja

I like RHCP.. but they didn't invent the word. Granted, Showtime should have picked something else to avoid confusion, but no one watching that show for 10 minutes will think it has anything to do with the band.

http://en.wikipedia.org/wiki/Califor...portmanteau%29

Miguel T · 11-21-2007, 07:42 AM

Hummm... sounds interesting.

D · 11-21-2007, 07:51 AM

Quote:

Originally Posted by ungratefulninja

I like RHCP.. but they didn't invent the word.
http://en.wikipedia.org/wiki/Califor...portmanteau%29

Cool. I didn't know that. Didn't really know where it came from, to be honest.

Still... if the show didn't feature a character named "Dani California," they might have a chance to avoid a payout...

But as they did, I'm thinking it's kind of obvious that they intended to ride the Chili Pepper's coat-tails for at least their initial marketing.

11-20-2007, 08:30 PM	#1
gideongallery Confirmed User Join Date: Aug 2003 Posts: 7,082	red hot chili pepers sues showtime The Red Hot Chili Peppers are suing Showtime Networks, claiming they stole the title of their series Californication from the band's album and single of the same name. The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is "inherently distinctive, famous ... and immediately associated in the mind of the consumer" with the Red Hot Chili Peppers. The Chili Peppers's landmark album sold more than 14 million copies, received a Grammy nomination in its year of release (1999) and was named on of Rolling Stone magazine's Top 500 Albums of All Time. Proving its "enduring popularity" the band cite that the single of the same name has been legally downloaded nearly half a million times. The band have filed for damages on five counts in the California Superior Court. "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," said the band's lead singer, Anthony Kiedis, in a statement. The television series stars David Duchovny as a novelist suffering from writers' block and a mid-life crisis. The show features a character named "Dani California," which is also the title of a Red Hot Chili Peppers song released in 2006, according to the lawsuit. The suit seeks a permanent injunction barring Showtime and the other defendants from using the title Californication for the show, damages and restitution and disgorgement of all profits derived by the defendants. http://www.smh.com.au/news/tv--radio...321759857.html greedy SOB i remember arrested development (the band) did the same thing against the show. __________________ “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

11-20-2007, 08:36 PM	#3
GrouchyAdmin Now choke yourself! Industry Role: Join Date: Apr 2006 Posts: 12,085	Yeah, that term was never used before that band opted on it. __________________ AIM: GrouchyGfy

11-20-2007, 08:39 PM	#5
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	Interesting case. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

11-20-2007, 08:43 PM	#8
ProducerCashDave Confirmed User Join Date: Jun 2006 Location: In Your Brain Posts: 3,983	I hope they win __________________ 15 Exclusive Sites By Top Brand Name Studios! $25 PPS \| 50% Revshare \| 5% Webmaster Referral David K. \| Account Manager \| www.ProducerCash.com ICQ: 480757149 \| david AT producercash DOT com TOLL FREE: 877-549-1112

11-20-2007, 09:19 PM	#10
Ayla_SquareTurtle Confirmed User Industry Role: Join Date: Sep 2005 Location: 5000 full paysite reviews and counting Posts: 3,550	(disclaimer - I am a HUGE rhcp fan) Ok... This was pure stupidity on the part of showtime. I have never seen the show but assumed that they had gotten permission and perhaps even used the song as the theme song. I have a feeling that if they had gone to the chili's and said "hey, we were inspired by your songs, can we use the name?" then they could have worked something out. __________________ gone. long gone. aylasquareturtle .."a"t".. gmail dawt com

11-20-2007, 08:33 PM	#2
CunningStunt Confirmed User Industry Role: Join Date: Aug 2006 Posts: 5,594	The first thing I thought of when I heard the TV show called that, was the chillis. Totally agree with them. Uninventive pencil dicks at Showtime can't even come up with something original.

11-20-2007, 08:36 PM	#4
L-Pink working on my tan Industry Role: Join Date: Mar 2005 Location: Florida/Kentucky Posts: 39,151	Me too, first thing I thought of was the RHCP's

11-20-2007, 08:40 PM	#6
Shagbunny Confirmed User Industry Role: Join Date: Oct 2007 Location: wut Posts: 3,028	pretty much most everyone thinks of the peppers when they first heard of that show... I thought they might be involved someway

11-20-2007, 08:52 PM	#9
Bro Media - BANNED FOR LIFE MOBILE PORN: IMOBILEPORN Join Date: Jan 2004 Location: Tinseltown NL Posts: 16,502	i can understand using californication, but also dani california? nahhh.. they are just trying to jack the peppers shit now...

11-20-2007, 09:21 PM	#11
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	Mike south used that word as a title for a vhs he did in 1997. Maybe mike should sue the chillis lol

11-20-2007, 09:33 PM	#12
crockett in a van by the river Industry Role: Join Date: May 2003 Posts: 76,806	First thing I thought of when I heard about the show was the chili peppers. I was kinda surprised they didn't use the song as I figured that's where they got the idea for the name.

11-20-2007, 09:35 PM	#13
ridikuloz Confirmed User Join Date: Jun 2005 Location: ▓NY▓ Posts: 2,080	broke rock bands trying to get money through lawsuits. I love america! __________________ Each persons' level of stupidity makes us different.

11-20-2007, 10:30 PM	#19
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	They will win, settled out of court.

11-20-2007, 10:31 PM	#20
After Shock Media It's coming look busy Join Date: Mar 2001 Location: "Ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn". Posts: 35,299	Damn like no others have shared names, holy hell there has been numerous times when even different movies and shows had the same damn names. Now can the rhcp really show cause and effect with that show and people illegally downloading one if not thier most famous album"? Hell what about all new legitimate sales of CD's and downloads since that show came on, those are all only due to the rhcp right? It really is not like you will tune in week after week wondering when in the fuck will flea show up and think wtf is up with this bullshit! __________________ [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

11-20-2007, 10:44 PM	#21
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,482	I hear californification and think of the chili peppers. I think they have a right to defend their brand. Showtime should have known better to use a brand like that unless it was a show about the Chili Peppers. WG __________________ I play with Google.

11-20-2007, 11:07 PM	#23
ungratefulninja Confirmed User Join Date: Apr 2006 Posts: 682	I like RHCP.. but they didn't invent the word. Granted, Showtime should have picked something else to avoid confusion, but no one watching that show for 10 minutes will think it has anything to do with the band. http://en.wikipedia.org/wiki/Califor...portmanteau%29

11-20-2007, 11:23 PM	#27
Sebastian Sands Confirmed User Industry Role: Join Date: Mar 2005 Location: ICQ: 211-417-740 Posts: 5,223	I saw them any many times.. even when Mothers Milk just came out. One of the best bands ever.

11-20-2007, 11:28 PM	#28
AsianDivaGirlsWebDude Purveyor, Fine Asian Porn Industry Role: Join Date: Jul 2004 Location: San Francisco Bay Area Posts: 38,323	If the case was not lost simply on the "Californication" title, the producers really screwed the pooch when they named a character "Dani California". I have never seen the show, but have enjoyed the RHCP, throughout their evolution... Best funk rock band ever, and they really know how to let it hang out...just ask Flea (one of the best bassists on the planet): Check this out if you haven't heard "Californication". ADG __________________ Asian Diva Girls - Exclusive Photos and Videos Asian Diva Girls Affiliate Program (50% ccBill Revshare)

11-21-2007, 06:22 AM	#30
KILL_FRENZY Confirmed User Industry Role: Join Date: Aug 2006 Posts: 6,184	I hope they'll win __________________ BOOST YOUR SALES! WordPress Templates \| Joomla Templates \| TGP Templates \| Cartoons \| Custom Design Contact: ICQ - 240130421 \| Email - [email protected]

11-21-2007, 06:38 AM	#31
D Confirmed User Join Date: Jan 2006 Location: The Valley Posts: 7,412	Having not watched the show, I didn't realize they had a character named "Dani California," too... And they didn't confer with the Red Hot Chili peppers before producing the show using those trademarks? What the hell was Showtime thinking? Like others, the first thing I thought of when I heard the show's name was the Red Hot Chili Peppers... but I have heard great things about the show, so I hope that they do get it worked out. __________________ -D. ICQ: 202-96-31

11-21-2007, 07:35 AM	#33
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,374	I like the peppers __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

11-21-2007, 07:42 AM	#35
Miguel T ♦ Web Developer ♦ Industry Role: Join Date: May 2005 Location: Full-Stack Developer Posts: 12,472	Hummm... sounds interesting. __________________ Full Stack Webdeveloper: HTML5/CSS3, jQuery, AJAX, ElevatedX, NATS, MechBunny, Wordpress