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Thread started 11/20/07 2:08pm

cream72

Chili Peppers sue US TV network

Source: http://news.bbc.co.uk/1/h...103400.stm

Rock band the Red Hot Chili Peppers are suing a US network over the name of its TV show, Californication.

The band says the title is "immediately associated in the mind of the consumer" with its 1999 album and single release.

It has filed a lawsuit against Showtime Network - the makers of the TV show, which stars David Duchovny as a writer going through a mid-life crisis.

"For some TV show to come along and steal our identity is not right," said the band's singer, Anthony Kiedis.

He described Californication as "the signature CD, video and song of the band's career".

The TV show is a dark comedy featuring graphic sex scenes
The legal action seeks a permanent injunction barring Showtime from using the title of the show and "disgorgement of all profits derived by the defendants".

It says the programme also features the character, Dani California, which is also the title of a Red Hot Chili Peppers song which was released in 2006.

Tom Kapinos, the show's creator and executive producer, was unavailable for comment.

In July, he told reporters that he first heard the term "Californication" in the state of 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," he said.


eek I wouldnt of thought they would have a case, I didnt think Song Titles was Copyrighted.
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Reply #1 posted 11/20/07 4:55pm

bobzilla77

It'll be interesting to see how it plays out. You CANNOT copyright a title but they're not claiming trademark infringement. They're claiming that use of the term falsely implies that the Chili Peppers are involved or at least approve of the title. It's as if, by making the phrase popular, they now have the exclusive right to use it.
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Reply #2 posted 11/20/07 5:19pm

SexyBeautifulO
ne

Welllll, with the title of the show being the title of one of their songs AND a character of the show having the same name as another title of another of one of their songs...a Judge might see a connection and indeed rule in their favor.

Yeah, we'll just have to see how it plays out and it does seem very interesting though.
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Reply #3 posted 11/20/07 9:08pm

Raze

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bobzilla77 said:

It'll be interesting to see how it plays out. You CANNOT copyright a title but they're not claiming trademark infringement. They're claiming that use of the term falsely implies that the Chili Peppers are involved or at least approve of the title. It's as if, by making the phrase popular, they now have the exclusive right to use it.



they should go call Spike Lee and ask him how his tantrum over the launch of the Spike TV network went before they waste their time, money, and righteous indignation over something so completely fucking idiotic.
"Half of what I say is meaningless; but I say it so that the other half may reach you." - Kahlil Gibran
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Reply #4 posted 11/20/07 9:24pm

sosgemini

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Raze said:

bobzilla77 said:

It'll be interesting to see how it plays out. You CANNOT copyright a title but they're not claiming trademark infringement. They're claiming that use of the term falsely implies that the Chili Peppers are involved or at least approve of the title. It's as if, by making the phrase popular, they now have the exclusive right to use it.



they should go call Spike Lee and ask him how his tantrum over the launch of the Spike TV network went before they waste their time, money, and righteous indignation over something so completely fucking idiotic.


add In Living Colour to that list. this is silly.
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Reply #5 posted 11/20/07 10:14pm

StarMon

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Raze said:

bobzilla77 said:

It'll be interesting to see how it plays out. You CANNOT copyright a title but they're not claiming trademark infringement. They're claiming that use of the term falsely implies that the Chili Peppers are involved or at least approve of the title. It's as if, by making the phrase popular, they now have the exclusive right to use it.



they should go call Spike Lee and ask him how his tantrum over the launch of the Spike TV network went before they waste their time, money, and righteous indignation over something so completely fucking idiotic.


Received an undisclosed settlement.
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Reply #6 posted 11/23/07 3:08pm

laurarichardso
n

sosgemini said:

Raze said:




they should go call Spike Lee and ask him how his tantrum over the launch of the Spike TV network went before they waste their time, money, and righteous indignation over something so completely fucking idiotic.


add In Living Colour to that list. this is silly.

-----
Sorry but the band received a settlement and the Waynas had gone to the band to ask to use the name before the show went on the air and they were turned down.

They named the show "Living Colour" anyway to be assholes.

Some of you need to bone up on the law.
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Reply #7 posted 11/23/07 4:00pm

sosgemini

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laurarichardson said:

sosgemini said:



add In Living Colour to that list. this is silly.

-----
Sorry but the band received a settlement and the Waynas had gone to the band to ask to use the name before the show went on the air and they were turned down.

They named the show "Living Colour" anyway to be assholes.

Some of you need to bone up on the law.



Umm, please show proof the band received a settlement...

http://www.backupcentral....ew/143/47/

http://blog.meevee.com/my...ili-p.html

http://www.chartattack.co...1/2006.cfm

http://www.therockradio.c...-over.html

sometimes i wonder why you even bother making statements...
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Reply #8 posted 11/23/07 4:27pm

laurarichardso
n

Please see the link below or take the time to read. Part of the settlement was to change the spelling.

Try this thing called Goggle next time.


-----

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Arrested Development Sues FOX Network
In another lawsuit involving Atlanta based artists, the positive vibe hip hop group Arrested Development is suing FOX television for a new series in their fall lineup that has the same name as the band. This case seems to have about the same merit as when Spike Lee sued the cable network that changed their name to Spike TV, which is not much. Just like there is more than one celebrity named "Spike" if I'm not mistaken, "arrested development" is a phrase that's been in the English language a lot longer than the music group has been around. However, there is a precedent in this kind of lawsuit, as FOX had to alter the name of their hit comedy sketch show "In Living Color" after the band Living Colour sought legal action.
Thursday November 6, 2003 | comments (0)



sosgemini said:

laurarichardson said:


-----
Sorry but the band received a settlement and the Waynas had gone to the band to ask to use the name before the show went on the air and they were turned down.

They named the show "Living Colour" anyway to be assholes.

Some of you need to bone up on the law.



Umm, please show proof the band received a settlement...

http://www.backupcentral....ew/143/47/

http://blog.meevee.com/my...ili-p.html

http://www.chartattack.co...1/2006.cfm

http://www.therockradio.c...-over.html

sometimes i wonder why you even bother making statements...
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Reply #9 posted 11/23/07 4:36pm

sosgemini

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oh yippy!!! i knew you would do that...you quote one blogger who has her info about as f*cked up as you always do. lol

see:

http://imdb.com/title/tt0098830/trivia

http://imdb.com/title/tt0098830/

no reference to a previously spelled title. hey laura, don't grind your teeth too hard...keep on looking...but make sure your sources are more chemically balanced then you. thumbs up!
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Reply #10 posted 11/24/07 12:10pm

laurarichardso
n

I remember reading that Fox settled the suit by changing the spelling. Please realize they would have changed the spelling while the show was still on the air. I am not sure why you think it would be listed on IMBD but if you want to go by what is listed on IMBD knock yourself out. I know what I read and I do not want to waste anymore of my time discussing this with you.

You think you know everything so go ahead and live in your world.
-----

sosgemini said:

oh yippy!!! i knew you would do that...you quote one blogger who has her info about as f*cked up as you always do. lol

see:

http://imdb.com/title/tt0098830/trivia

http://imdb.com/title/tt0098830/

no reference to a previously spelled title. hey laura, don't grind your teeth too hard...keep on looking...but make sure your sources are more chemically balanced then you. thumbs up!
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