When one thinks about the name "Californication," two things immediately come to mind. The habitual television watcher will recall Showtime's new hit comedy Californication starring David Duchovny. The music lover will harken back to The Red Hot Chili Pepper's Grammy-Award winning album Californication, which included the hit singles "Scar Tissue," "Otherside," and the title track.
Now it seems that Anthony Kiedis and the rest of the Chili Peppers don't want the name to be about anything except themselves. The band has sued Showtime as well as Californication's executive producers and production companies over the name of the show, saying that it creates "unfair competition, dilution of the value of the name, and unjust enrichment" of the album, according to the Associated Press.
"Californication is the signature CD, video, and song of the band's career," said Chili Peppers frontman Kiedis. "And for some show to come along and steal our identity is not right."
The show also features a character named Dani California, which happens to be a song title from the Chili Peppers' most recent album, Stadium Arcadium.
Californication stars Duchovny as a sex-addicted novelist currently suffering from writer's block. While coping with his inability to write and engaging in many trysts, he also must manage his relationship with his ex-girlfriend (Solaris' Natascha McElhone) and his 12-year-old daughter Becca (Madeliene Martin).
The suit is seeking permanent injunction on the use of the name "Californication" by Showtime, as well as disgorgement of all profits made by the defendants--in other words, they want all the money the show has made.
Californication just finished its first season, and will be returning to Showtime next year. For more information on the show, read TV.com's previous coverage.
Comments (86)
Ya know something? I bet this lawsuit wouldn't happen if the show didn't completely suck. If "Californication" was a GOOD show, one that actually did justice to the beautiful, horrible jungle that is LA rather then just furthering the worst kind of California stereotypes and making us all watch Agent Moulder bedding every woman he meets, then the Peppers would probably be all "Hey, free advertising!"They don't want their (GOOD) song and album being associated with a BAD show, and I can't say I blame them.
Listen im siding with the peppers, im a huge fan, when i was reading the the show name i was like, the chili peppers should sue, and they did. they stole the names of albums and songs that made the chili peppers famous, i mean come on Dani Californa thats just asking to get sued. and im sure they knew they would get sued becuase they knew the chili peppers existed becuase thats where they got the names from. I'm saying this, the chili peppers should win, the names are copywrited and showtime stole the names. its logics. thing is as soon as the chili peppers sued they won, but they havent said it yet
I'm sorry, but I am going to have to side with the Chili Peppers on this one. It's simply disresepctful to use someones popularity and work like that. A "dilution of the value of the name" is exactly what it is. However, I do think asking for millions on a royalty check is a little much. But I don't think it's okay for the producers of this show to get away with using somebody's work like that. Not to mention the character named Dani California is just absolutely irgnorant.
While I agree the lawsuit may be a bit of a stretch, I also think it's ignorant to say that the band needs attention or money. They are one of the biggest bands in the world, selling out countless shows and leaving an endless trail of platinum albums and top ten singles all over the globe. That being said, I really don't think they're too strapped for cash (or starved for popularity).
Sorry Peppers, but unless it's copyrighted, whatever Californication's intent as a title or it's meaning to the band is a wash. Why on earth should Showtime give the RHCP money? Ask Metallica when they sued Maybelline for a same-named eyeliner years ago. And failed.
Can you say desprit and need money?
First of all I just have to say... RHCP should gather up with metallica and sue the world togheter... Wouldnt suprise me if we can see a south park episode about this within 6 months.anyway, RHCP will lose, why? because suing tv-networks for stuff like this will make em call for an airplan with over 200 lawyers, working 18 hours a day til its over...you get my point.Its not more then fair that beatles should get some cash for the drug LSD, if RHCP would by a miracle success with this pathetic attempt.I mean, come on... LSD is so refering to lucky in the sky with diamonds :/Im just saying that you could do alot with a bunch of over-paid lawyers...Personally? I would sue all the tv-networks that drops good shows due new, worse shows... they are giving me a hard time to get something good fo follow. THEY MUST BE SUED!moreless
Personally I think a lawsuit is absolutely pathetic. The show is brilliant and has nothing to do with the album. I am a fan of the band but really I think its the other way round the bands seems to be wanting to jump on the bandwagon from the success of the show. They should get over it, I mean it is ridiculous the album came out in 1999, Thats about 8 years ago!
Guys, a part of this being the most pathetic lawsuit I have ever seen in America, it will never work. The only reason they are doing this is too raise some money for the house. Oh yea, I believe it was the drummers house that got burned to dust by the Californication fire, lol. So in return for the band being greedy bastards like they are, this is karma plain and simple. What was made on the Californian soil, drummer's house again be a part of that land. This tells us that these morons are not only idiots, but also greedy scum. I am so glad that his house got burned. And people, just to make them even more miserable, because of this, just pirate their stuff in all its glory. Just a thought of course.moreless
Showtimes a real money hog, just give the RHCP a cut and call it day.
Yeah, according to http://www.reference.com/browse/wiki/Californication_%28portmanteau%29 this, the term was used in a 1972 Time magazine.
http://en.wikipedia.org/wiki/Californication_%28portmanteau%29
This is going to be quite interesting.
Wow, RHCP are money hogs.
Isn't it great what a team of lawyers can do for you.This is, indeed, Californication.
Remember when the Chili Peppers did drugs, sang dirty lyrics, wore socks on their genitals, and rocked out? Those were the good days.
The art of getting money and free publicity for nothing.... Rather disappointing for a rock band which proclaims itself like one of the best...
I hope they'll lose their trial. Anyway, the RHCP will win money because all the debate around the show name will get people to know there's an album called californication and i'm pretty sure many will go and buy it.
idiotication
I hope showtime copywrited the name after they made the show, then they counter sue the chili peppers every time they do a concert. Sure, this is not legal in any way, but it would be just a frivolous and baseless and the current suit.
This is ridiculous. The term "californication" predates the Red Hot Chili Peppers by at least 30 years, and even though I like the song Californication and respect the RHCP's music, I'll have to back Showtime on this one. Showtime actually made sure they own the rights to the term. Maybe RHCP should have done that all those years ago instead of freaking out now.
-and Jozeksy; maybe if you want people to actually respect your opinion, you should spell the word loser right.
I figured that Showtime had worked out the Copyright issues before airing the show. When I first heard the name, I thought about the RHCP album.
ridiculous
This didn't work when the band Living Color sued the Wayans for In Living Color or when the band Arrested Development sued Ron Horward and co. for the show Arrested Development. So I doubt that the RHCP will get very far with this suit.
Didn't realize the chilli peppers had the name "Californication" patented.What a joke!
First off Dani California is a good song but not the best, maybe the one most over played. Since RHCP did not coin the phrase they have no grounds on which to sue. They'll argue it out in court, maybe even settle out of court, but they did not make up Californication. As for Dani California one of the writers is obviously a peppers fan and wanted to pay tribute. And for it to go on the air like that I'm pretty sure they have already considered what is safe from being prosecuted. It's just a stupid suit. The chili peppers have nothing better to do. If anything the word californication fits more into this show that it ever did with the album, let alone the song itself. Later on Fontelle Bass will sue Rescue Me, Cartoon Network will sue Dexter, and Nevada will sue Las Vegasmoreless
I thought they had a deal with the Chili Peppers, I mean damn they have a character named Dani California which is the best song on thier latest album.
its not thats its just a word, but the copyright issues. i don't think it would be a coincidence that californication and dani california being involved at the same time is just a coincidence. earlier action prior to the airing of the show was the responsibility of showtime, and they, from the looks of it, negelected this responsibility. as such, it is RHCP's right to be able file a lawsuit. Thats just how things work, agree or disagree as you will, but there is no denying that showtime neglected its responsibilities in the pre-production process.
Thanks for reading my wall of text, have a nice day :D (evening or whatever it is when you read this)
I am surprised the TV producers didn't square this away before they started the show. You would think people in TV today would anticipate something like that.
RHCP may have been advised to sue in order to protect themselves in the future. That's how it is these days. If they don't sue over something like this, then in the future someone could blatantly infringe on one of their copyrights and letting this slide in the past could harm their case.
what a pointless and stupid lawsuit
What idiots.RHCP are obviously more pathetic than I thought and taking "all profits" is just sick!!
I used to LOVE the Chilis... Now... not so much!
ummm ..... yeah just a coincidence???
Cbaum: You are right that it is a song title(also not inherently protected) and a word used within the lyrics. Though as it is a single word and not a lyrical phrase it wouldn't fall under the protection either any more than the word "The" would used in a song. The RHCP's complaint however specifically refers to the album title(and to a lesser extent song title) so is what I was refering to myself.
I could be wrong, but I don't believe the lyrical protection even applies to anything but blatant usage in other songs or things such as covers to begin with.
Kind of says.. we're desperate for media attention to me. Only a fool would mix up a semi decent tv show with a rather bland album.
***ed. just plain ***ed. how can you honestly bring a suit based on a word? The show isnt about RHCP nor does it contain anything by them such as music or look alikes debasing them. Someone liked the word enough to name their show by the same. Just as ***ed as Paris Hilton trying to trademark "That's Hot". Celebrities are so arrogant that they now think they can own what words we choose to use.
Go make music and shut your mouths!
Some people are really dumb. I'm not even a huge RHCP fan in the slightest, but I can understand their point of view. If they didn't talk to the execs over at Showtime first about it, then I could understand.I also find the people mentioning their careers are dying off. I'm pretty sure they've made more money than all the people here's annual salary combined in a single quarter. An omage is one thing, taking an album name and naming your character after a track title is another. Is Showtime this bad? Oh, nevermind. They are.
What a load of *** Your music sucks anyway, so I guess anything to get in the media is useful to you.
Red hot chilli peppers its time you guys woke up where were you till now?
To dmfaust: Californication actually was a song lyric. It was the title track to the album. That being said, I'm obviously a Peppers fan, but I do think the lawsuit's a little extreme. We'll see what happens though...
I've lost some respect of the chili Peppers. Why would you even care. Just focus on the music. Forget this other stuff. It's just stupid. I admit the first time I heard the title Californication I thought RHCP. But also when I heard David Duchovny I automatically thought x-files. Just because a word or phrase reminds you of something, doesn't mean it's limited to that one thing. Plus the phrase Californication was used decades before the single hit. It's in time magazine as commented below. Here is the link.http://www.time.com/time/magazine/article/0,9171,877985,00.html
Woah, I love RHCP (one of my favorite bands, in fact), but this lawsuit is just idiotic.
A bunch of has-been morons who wasted away their fame and fortune now they want to get it without having to work for it. I wish I were their lawyer, I'd spit right in their faces...idiots!
LOL. Stupid lawsuit. I haven't really watched this show or know anything about it. But man when it comes to the word 'Californication', it always reminds me of the band and their album/songs. Anyway, the lawsuit is stupid and they should've just talked about it. I mean come one how hard could it be to just talked and asked permission or something like being understanding in the band's case... hahaha... we'll anyway, i just hope this will all be over soon.
The Chili's sink lower and lower every day. The character is called so by Duchovany's character purely as a reference to the song, her first name is just Dani. And the title is a reference both to the band and the idea of "Californication". It is lame that you can't even pay tribute to a band without them suing you. I have no doubt in my mind that the Chili Pepper will lose this lawsuit and the show will continue it's next season as a show I enjoy. Also, from what I know about the Chili Peppers, it is probably Anthony doing the suing, and the other guys are going along because they are laid back, good guys.
I love the band and the song. And when I think of Californication I always think of the Red Hot Chili Peppers. But in my opinion the lawsuit is pretty dumb.
I'm a habitual television watcher and when I think of Californication, I think of the Chilli Peppers. I've seen the show and I think it's just average. The Chilli Peppers album on the other hand is great. I wonder what took so long for the lawsuit. But really all profits? Come on guys? I'm a fan but come on.