Band sues over ‘stolen’ signature tune

THE Red Hot Chili Peppers have sued a TV network over the name of the television series “Californication,” which is also the name of the band’s 1999 album and single.

The lawsuit alleges unfair competition, dilution of the value of the name and unjust enrichment, claiming the title is “inherently distinctive, famous... and immediately associated in the mind of the consumer” with the Red Hot Chili Peppers.

“Californication is the signature CD, video and song of the band’s career, and for some TV show to come along and steal our identity is not right,” said the band’s lead singer, Anthony Kiedis.

The TV series stars David Duchovny and features a character named “Dani California”, which is the title of a Red Hot Chili Peppers song released in 2006.

The suit names creator and executive producer, Tom Kapinos, and Twilight Time Films and Aggressive Mediocrity, Inc.

Calls to Showtime Networks were not immediately returned. The suit seeks to bar Showtime and the others from using the title Californication for the show, damages and restitution and disgorgement of all profits derived by the defendants.

In July 2007, Mr Kapinos said: “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.”