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-   -   red hot chili pepers sues showtime (https://gfy.com/showthread.php?t=786279)

gideongallery 11-20-2007 08:30 PM

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.

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 (Post 13399835)
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$tyle$ (Post 13399880)
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!

:1orglaugh

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

Quote:

Originally Posted by ridikuloz (Post 13399879)
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 (Post 13399902)
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$tyle$ (Post 13399901)
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!

:1orglaugh

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 (Post 13400049)
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 (Post 13399879)
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 (Post 13399879)
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 (Post 13400240)
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...

http://i35.photobucket.com/albums/d1...es497/RHCP.jpg

http://www.adrian.hg.pl/grafika/rhcp.jpg

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):

http://www.yuppiepunk.org/images/X-flea-rhcp.jpg

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

ADG

ridikuloz 11-20-2007 11:43 PM

Quote:

Originally Posted by Jaysin (Post 13399902)
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 (Post 13400066)
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:thumbsup

BerdoR 11-21-2007 07:40 AM

Quote:

Originally Posted by ungratefulninja (Post 13400214)
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

:thumbsup

Miguel T 11-21-2007 07:42 AM

Hummm... sounds interesting.

D 11-21-2007 07:51 AM

Quote:

Originally Posted by ungratefulninja (Post 13400214)
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.


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