Members of the Red Hot Chili Peppers have sued Showtime Networks and others over the new television show called "Californication," the same name used by the band for their Grammy-nominated 1999 album.

The suit, filed in Los Angeles Superior Court today, sets out claims under federal trademark law and state unfair competition law. The complaint alleges that the composition entitled "Californication" and the album achieved "extraordinary critical and commercial recognition." The album, which the band claims sold more than 14 million units, was nominated for a Grammy as Best Rock Album in 1999.

"Californication is the signature CD, video and song of the band's career," band frontman Anthony Kiedis said in a statement. "For some TV show to come along and steal our identity is not right."

Named as defendants are Showtime Networks, Twilight Time Films, Aggressive Mediocrity and Tom Kapinos. They were not immediately available for comment.

U.S. Trademark Office records show that Showtime filed an application to trademark Californication as an ongoing television series, but the rights have not yet been granted. Federal registration is not essential to claim rights in a mark.

Band members want the show to stop using the name and to turn over any profits made by using it.

In the 1990s, rock band Living Colour unsuccessfully sued the Fox Network and others on similar claims over the television program "In Living Color."

Questions? Comments? Let us know: @billboardbiz

Print