Red Hot Chili Peppers v Californication - trademark dispute

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by Tamera H. BennettNovember 20, 2007

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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.