Red Hot Chili Peppers Sue
Showtime
Monday, November 19th, 2007

Showtime got served today, with a lawsuit
from the Red Hot Chili Peppers over Showtime's new series
"Californication." No shiz...the Chili Peppers totally coined that
term! The 1999 hit "Californication" is about all you'll find when
searching for that word. And guess what Showtime is? A
subsidiary of CBS. Doesn't all evil end up back there?
(Okay, maybe not all.)
The new series, which we hadn't even heard
of until now, stars David Duchovny and Natascha McElhone (who both just
lost points with us for working for CBS), and has nothing to do with the
Red Hot Chili Peppers whatsoever. It's about a writer in L.A. and
his exes. Zzzzzzzzz.
TMZ obtained a copy of the lawsuit, which reads in
part:
"The title of ["Californication"] is
inherently distinctive, famous, and has been the subject of the
substantial advertising and promotion, has been used and advertised
throughout the United States and the world, is widely recognized by
consumers and those in the trade, and immediately associated [with the
Red Hot Chili Peppers' album]."
"Defendants' actions of creating,
marketing, promoting, offering for distribution, distributing the
television series "Californication" constitutes a false designation of
origin, and has caused and continues to cause a likelihood of confusion,
mistake, and deception as to source, sponsorship, affiliation, and/or
connection in the minds of the public."
Hell yes - I wouldn't want to be
associated with CBS, either! All distaste for CBS aside, I have
not heard of the Showtime series, but I would have instantly made the
connection with the Red Hot Chili Peppers album in my mind, and honestly
believe I would have thought it was a show related to the band had I not
first stumbled upon the lawsuit.
There is not a set amount being asked for
in the lawsuit, as it states, "Plaintiffs [the Chili Peppers] have been
injured in an amount not yet fully ascertained, according to proof at
trial." They are requesting: reimbursement of an amount that
is still being added up, and that CBS/Showtime change the title of
their series.
And in the last few pages:
"Plaintiffs are informed and believe, and thereon allege, that
Defendants' actions have been fraudulent, knowing, willful, and
wanton, entitling Plaintiffs to equitable relief including
disgorgement and restitution."
Showtime even stole the #1 search result on Google for
"Californication," because CBS hoards the media. Wanton!
Throw the book at 'em, judge!
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