Legal analysis of Chili Peppers’ suit
There’s no longer much in the news about the Red Hot Chili Peppers/Showtime lawsuit over the use of the name “Californication,” but the suit has been a hot topic of conversation among intellectual property attorneys. Here are a few pieces of analysis from the IP ADR blog:
“Since there seems to be little likelihood of confusion between the television program and the record album and because the RHCP waited until Californication became a “hit show” before making its claim, is it possible that the lawsuit itself is a form of “free riding” on the success of the Showtime series — that re-connecting the word “Californication” with the RHCP eight years after the album’s release might well breathe new life into its sales,” writes Victoria Pynchon.
LA entertainment lawyer Richard Jefferson offers this perspective:
After reading over the Complaint, I now see legally how the Red Hot Chili Peppers (the “RHCP”) were able to get this case in Court without being accused of blatantly filing a frivolous complaint. The RHCP have coupled a claim for unfair competition and dilution regarding the TV show title (which looks like a weaker claim on its face) with the stronger claim against the TV Show’s soundtrack release (the Californication soundtrack). Of course, the media headline is going to pick up on the more publicized RHCP Album Name vs. TV Show element, but this is typical of the media game in Hollywood.
There are a number of issues that make this case an interesting case to follow, such as the claim that the RHCP’s album title has acquired a “secondary meaning” that will transcend trademark categories and the fact that Showtime actually applied for a federal trademark for “Californication” in the TV series category. Like most entertainment cases, it appears to me that this is just another case of “who has the bigger pockets to pay their lawyers”. I suspect that there were extensive pre-litigation correspondence between the parties and Showtime never reached a settlement number that was high enough for the RHCP so they sued.
Also, not only is this good exposure for the band but the way that the media has spun the story so far, Showtime is getting some good pub as well by making it seem like this is a far fetched claim.
What do you legal experts out there think? Is this a publicity stunt/settlement money bid, or do the RHCP have a shot at making Showtime rename the series?
Tags: Californication, Californication-lawsuit, Red-Hot-Chili-Peppers, Red-Hot-Chili-Peppers-Californication-Showtime, RHCP-sue-Showtime, Showtime-NetworkRelated Stories
POSTED IN: Californication, Showtime Programming
1 opinion for Legal analysis of Chili Peppers’ suit
pharmacy required mexican
Feb 26, 2008 at 5:13 pm
pharmacy mexican modafinil discount pharmacy mexican
Have an opinion? Leave a comment: