Red Hot Chili Peppers v Californication - trademark dispute

Nov 20

by Tamera H. BennettNovember 20, 2007

Thanks for this information from attorney Catherine Hough.

The Red Hot Chili Peppers filed suit against Showtime’s Californication, claiming the show – which stars and is co-produced by David Duchovny – stole from the band’s 1999 album by the same name. Claims are being brought under the Lanham Act stating the song title "Californication" has acquired secondary meaning, there has been false designation of origin and dilution.

The show, Californication, also includes a character named "Dani California." "Dani California" is the name of a Grammy winning song by the Chili Peppers and is mentioned in other Chili Pepper songs.

“Californication is the signature CD, video and song of the band’s career,” front-man Anthony Kiedis said in a statement. “For some TV show to come along and steal our identity is not right.”

Showtime filed a trademark application for CALIFORNICATION in class 41 for an ongoing television series. The application was published for opposition on October 2, 2007 and an Express Abandonment was filed on November 11, 2007. The Chili Peppers filed an Extension to Oppose the Application on October 22, 2007.

Dallas/Fort Worth TexasEntertainment lawsuitFilm/TVLewisville TexasMusicMusic BusinessTrademarktrademark litigationtrademark registration

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

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Red Hot Chili Peppers v Californication - trademark dispute

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