In 1999 Red Hot Chili Peppers released what some would consider their comeback album
with Californication.. After dominating the 90’s with 1991’s with Blood Sugar Sex Magik,
the band toured the world, they were all over MTV and they blew up in a major way but they
would also be hit by internal strife. Guitarist john Frusciante would depart the group in 1992
and I've done a whole video on his departure, the link is down below. Following his departure,
the band went through several more guitarists and released the underwhelming album 1995’s One hot
minute. By 1999 Frusciante was back with the band and the Chili Peppers were back on top once again.
Californication would sell over 14 million copies worldwide and got a grammy nomination for best
rock album. 8 years after their so called comeback album, Show time premiered a new show starring
actor David Duchovny of the X-files fame who plays a novelist. Set in los angeles the show focuses on
the seedy side of the the city including sex drugs and rock n’ roll something the Chili
Peppers are familiar with. The show is sprinkled with numerous rock n’ roll references and cameos.
Henry Rollins guest starred in the first season and Duchovny’s character wrote several novels,
which happened to be named after Slayer albums The Chili Peppers
soon slapped the show with a lawsuit. But, what happened stay tuned to find out?
Several months after Californication premiered in the summer of 2007 on showtime, the Red Hot Chili
Peppers filed a lawsuit against Showtime Networks, show creators/executive producer Tom Kapinos as
well as two production companies. The band claimed the tv show’s name caused confusion. The aim of
the legal action was to get the show to change its name and pay the band an undisclosed amount
of money. Of course showtime didn’t approach the band to use the title in the first place
because generally band’s do not own the title or names of their albums or songs. Not only did
the Chili Peppers take issue with the name of the show, but actress Rachel Miner who played a
secretary named Dani California, which is the name of a Chili Peppers song found on their 2006 album
as well as a character whose been referenced on several of the group’s other songs as well.
It would be ironic that the Chili Peppers song Dani California was accused by some of ripping off
the Tom Petty song Mary Jane’s last dance, which came out 13 years prior. Both songs were produced
by Rick Rubin. Interestingly enough, I’ve done a whole video on the similarity. The link is below!
The Chili peppers lawsuit alleged unfair competition,
dilution of the value of the name and unjust enrichment with Frontman Anthony Keidis
claiming that the title is and i quote “inherintly distinctive, famous and immediately associated in
the mind of the consumer. For some TV Show to come along and steal our identity is not right. ” The
lawsuit also claimed that at the time if people searched itunes using the word californication
the store retrieves the band’s music and TV show’s compilation albums.
So where did the shows title even come from? Well according to the show’s creator Tom Kapinos he
claimed he first heard the word californication in reference to the state of Oregon. According to the
Associated Press Kapinos claimed “Apparently in the 70’s there was a bumper stick that said ‘Don’t
californicate oregon’ because californians were coming up there and i just thought it was a great,
great title for the show” . Looking at what’s going on now with people leaving california in
droves for other states like nevada or texas and given that my brother live in houston i’ve heard
similar things being thrown around these days. Showtime also claimed that the band never created
the term pointing to a Time Magazine issue in 1972 with the headline The Great Wild Californicated
West. The Canadian band Rheostatics also released an album called Whale Music in 1992 with a song
called California Dreamline. In that song the word californication appears in the lyrics.
You’re maybe wondering so can bands actually trademark their albums or songs?
So a general rule is that names or titles can’t be protected as trademarks,
but there are exceptions. The Chili Peppers could have claimed the name was synonymous with the band
and they could have possibly gotten a trademark. A lot of times bands and artists don’t normally
trademark albums or song names because it costs money and can be a lengthy process.
That was the case for the term Californication. Had the Chili Peppers successfully trademarked the
name there never would have been a dispute in the first place. It’s likely showtime would have seen
the trademark and opted to call the show something else or just simply negotiate a deal. What’s funny
is that in 2007 showtime did file a trademark application for the show's title, but it wasn’t
clear whether it was actually registered or not. According to a 2011 article on the Hollywood
news site the wrap, it claimed that the lawsuit was quietly settled out of court,
but the show was still on the air for 7 seasons and never underwent a name change.
According to a lawyer named Kim Walker who interviewed about the lawsuit and
who deals with intellectual property she would talk about the case saying
“Successful songs, albums and movies can become brands in themselves. What’s really surprising
is how few songs and albums are properly protected. The Chili Peppers made the word famous,
but it doesn’t automatically follow that they can stop its use use in a tv show.”
Even if you search Rolling Stone’s Top 10 albums none of the titles are registered in
the US as trademarks by bands. For ex. Sgt. Peppers is number 1 on Rolling Stone’s list
but its not been trademarked but no by the Beatles. it’s registered as a footwear brand
by a company in Spain and by a pepper spray brand in the US. The only notable musician
who comes to mind who has registered a trademark was David Bowie who registered Ziggy Stardust.
So that does it for today's video guys thanks for watching be sure to hit the like button and
subscribe and we'll see you again tomorrow on rock n' roll true stories. Take care.