Red Hot Chili Peppers Vs David Duchovny
According to Billboard (billboard.com), The Red Hot Chili Peppers have decided to sue Showtime Networks over the use of the name “Californication.” The title is currently being occupied by David Duchovny’s new Monday night series. The band argues that “Californication,” the title of their very successful 1999 album, is significant to the bands career, citing it as a “signature CD, video, and song” for them. On the other hand, Showtime has a strong case of its own. The term “Californication” was coined long before the Chili Pepper’s 1999 usage, dating as far back as a 1972 Time Magazine article, “The Great Wild Californicated West.”(1)
The term has not been registered as a trademark by the Chili Peppers. In April of 2007, Showtime filed an application for usage as a television show title—its registration is pending (2). With these key facts in mind, it looks as if The Red Hot Chili Peppers will face a significant challenge in winning their case.
Carlton Washington II
1 – TIME: The Great Wild Californicated West. 21 August 1972.
Author’s Note: The term “californication” is used in the body of the article.
2 – Out-Law.com
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