RHCP sue Showtime over "Californication"
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...the response from the show's creator sounds like such a crock of shit, don'tcha think?
Nov 19, 11:26 PM ESTRed Hot Chili Peppers Sue ShowtimeLOS ANGELES (AP) -- The Red Hot Chili Peppers on Monday sued Showtime Networks over the name of the television series "Californication," which is also the name of the band's 1999 album and a single on it.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."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," the band's lead singer, Anthony Kiedis, said 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, the lawsuit noted.The suit also names the show's creator and executive producer, Tom Kapinos, and two production companies, Twilight Time Films and Aggressive Mediocrity, Inc.A call Monday to an attorney for Showtime was not immediately returned. Attempts to find a listing for Kapinos were not successful.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.In July 2007, Kapinos told reporters at a Television Critics Association press tour in Beverly Hills that he first heard the term in reference to Oregon."Apparently in the '70s there were bumper stickers that said 'Don't Californicate Oregon,' because Californians were coming up there, and I just thought it was a great, great title for this show," said Kapinos.
Nov 19, 11:26 PM ESTRed Hot Chili Peppers Sue ShowtimeLOS ANGELES (AP) -- The Red Hot Chili Peppers on Monday sued Showtime Networks over the name of the television series "Californication," which is also the name of the band's 1999 album and a single on it.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."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," the band's lead singer, Anthony Kiedis, said 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, the lawsuit noted.The suit also names the show's creator and executive producer, Tom Kapinos, and two production companies, Twilight Time Films and Aggressive Mediocrity, Inc.A call Monday to an attorney for Showtime was not immediately returned. Attempts to find a listing for Kapinos were not successful.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.In July 2007, Kapinos told reporters at a Television Critics Association press tour in Beverly Hills that he first heard the term in reference to Oregon."Apparently in the '70s there were bumper stickers that said 'Don't Californicate Oregon,' because Californians were coming up there, and I just thought it was a great, great title for this show," said Kapinos.
Comments (17)
As previously posted by me elsewhere:
Saying that, the series' title is not the only reference I noticed to the band; if I remember correctly, in episode three I think it was, remember when character Hank's agent is, errrrrm, enjoying himself watching his PA's naugthy website? Remember what she calls herself on that website? I am pretty sure it was "Dani California".
But hey, I do find the series entertaining, and as much as I could understand the band wanting to sue the TV series production company, it would have been a hell of a lot more credible if they'd done so a hell of a lot sooner (as in: before it was ever televised in the first place).
As the band('s lawyers) left it so late, just as the show's ratings aren't quite as great as the makers had hoped, I can't help but think that this is not a genuine complaint/suit, more like an arranged/engineered publicity stunt as agreed between the show's makers and the band('s representative), knowing that the publicity it might bring, might actually boost both the TV series' ratings and RHCP album sales.
Wanna bet this "case" never makes it into a courtroom, yet gets "settled" outside court?"
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Negative publicity like this benefits all parties involved. (But if I'd been their PR-advisor, I would still have advised against it, or only let it take place with a positive twist.)
Note also that Showtime is a subsidiary of Comedy Central, with whom the band have already had business connections (like when they gave their voices to the Simpsons and to Lil' Bush).
Besides that, do you really think the series' legal advisers never bothered to check things to prevent any lawsuits?",
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That said, I really think the band should re-consider who they are working with / who they allow to work for them, because I think they are falling victim to too many publicity gaffes. (I'd do better - and cheaper.)"
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The reference made by many TV networks advertising the show using the RHCP song "Californication"; but that may not have necessarily been the show's makers' doing."
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In my article I also incorporated the other associations I mentioned in this and other posts, and I might have even mentioned that if show ratings failed they could always try to stage some sort of PR-stunt involving RHCP (though I didn't mean a lawsuit!).
Hope that didn't get anyone into trouble."
Enough said?