Red Hot Chili Peppers vs. Californication (the show)

[Ns1]

Originally posted by: pulse8

Originally posted by: Ns1

Originally posted by: DangerAardvark

Originally posted by: Ns1

Originally posted by: DangerAardvark
The term "Californication" predates the RHCP album by some time. But, combined with the name "Dani California", I can see how confusion might happen. But grounds for a lawsuit?

how is that NOT grounds for a lawsuit? The show had instant name recognition because of RHCP

Because they didn't invent the word. They popularized it. Reminds me of the Spike TV vs. Spike Lee suit from a while back. The fucker didn't invent sharp, pointy metal objects.

So by your reasoning I can name something..."adobe acrobat" or... "home depot" or.... "apple"... w/o consequences? cool.

If you want to create a TV show called "Apple" you most certainly can do so. If you want to create a company that makes computers and electronics called "Apple" you will have a problem.

Adobe Acrobat is harder because it's a phrase that is associated with the company, but you can make a TV show called "Adobe" or "Acrobat" without issue.

Edit: Also, Apple Records didn't go after Apple Computers until they got into the music business with the iTunes store.

A valid point.

 

[KeithTalent]

Originally posted by: Homerboy
And to those voting for their best album you do realize they had things out before Mother's Milk that blew all the future releases out of the water right?

I had everything up to and including Mother's Milk, and I liked each album they released a little more than the previous one, but Mother's Milk is where it all came together for me.

I had BSSM as well, but I was never a big fan after Mother's Milk.

KT

 

[Homerboy]

Originally posted by: KeithTalent

Originally posted by: Homerboy
And to those voting for their best album you do realize they had things out before Mother's Milk that blew all the future releases out of the water right?

I had everything up to and including Mother's Milk, and I liked each album they released a little more than the previous one, but Mother's Milk is where it all came together for me.

I had BSSM as well, but I was never a big fan after Mother's Milk.

KT

Mother's Milk was definitely one of their best no question. Wasn't as quite as raw as the previous. I could see it being the best overall though. BSSM though? Ugh jeebus man.

 

[torpid]

Originally posted by: Homerboy

Originally posted by: torpid
The word was coined by a magazine in the 70's. RHCP has no right to claim ownership of it. It was on bumper stickers all around the area at the time.

wouldn't this be the same if I called some show "Strawberry Fields" I mean they existed before but the Beatles popularized them.

Californication is a made-up word. It is a portmanteau coined by Time magazine. It not only existed before RHCP but was a really popular term present on numerous bumper stickers. The only entity that could reasonably sue showtime would be Time, or whatever writer wrote that article.

But to answer your question, yes. Strawberry Field was a children's home and the Beatles have no right to claim ownership of that term.

 

[nakedfrog]

Originally posted by: pulse8
Edit: Also, Apple Records didn't go after Apple Computers until they got into the music business with the iTunes store.

Actually, IIRC, Apple Records DID go after them long ago, but they settled on terms that things were fine as long as Apple Computers didn't get into music--which opened a can of worms when they started iTunes.

 

[Ns1]

Originally posted by: Homerboy

Originally posted by: KeithTalent

Originally posted by: Homerboy
And to those voting for their best album you do realize they had things out before Mother's Milk that blew all the future releases out of the water right?

I had everything up to and including Mother's Milk, and I liked each album they released a little more than the previous one, but Mother's Milk is where it all came together for me.

I had BSSM as well, but I was never a big fan after Mother's Milk.

KT

Mother's Milk was definitely one of their best no question. Wasn't as quite as raw as the previous. I could see it being the best overall though. BSSM though? Ugh jeebus man.

I disagree. AK couldn't sing/speak/rap/wahtever the fuck he does for SHIT before BSSM. JAMFF is also leaps and bounds better than hillel(sp?)

 

[Homerboy]

Originally posted by: torpid

Originally posted by: Homerboy

Originally posted by: torpid
The word was coined by a magazine in the 70's. RHCP has no right to claim ownership of it. It was on bumper stickers all around the area at the time.

wouldn't this be the same if I called some show "Strawberry Fields" I mean they existed before but the Beatles popularized them.

Californication is a made-up word. It is a portmanteau coined by Time magazine. It not only existed before RHCP but was a really popular term present on numerous bumper stickers. The only entity that could reasonably sue showtime would be Time, or whatever writer wrote that article.

But to answer your question, yes. Strawberry Field was a children's home and the Beatles have no right to claim ownership of that term.

Right thats my point. Its not trademarked or copyrighted, so I'm not sure how RHCP thinks they can sue on it. Just because you popularize a (common) term doesn't mean you have rights to all profits made using that term. Very odd lawsuit.

 

[KeithTalent]

Originally posted by: Homerboy

Originally posted by: KeithTalent

Originally posted by: Homerboy
And to those voting for their best album you do realize they had things out before Mother's Milk that blew all the future releases out of the water right?

I had everything up to and including Mother's Milk, and I liked each album they released a little more than the previous one, but Mother's Milk is where it all came together for me.

I had BSSM as well, but I was never a big fan after Mother's Milk.

KT

Mother's Milk was definitely one of their best no question. Wasn't as quite as raw as the previous. I could see it being the best overall though. BSSM though? Ugh jeebus man.

Yep, Agreed. :thumbsup:

KT

 

[SSSnail]

They should just drop the lawsuit and go on tour.

 

[Ns1]

Originally posted by: Homerboy

Originally posted by: torpid

Originally posted by: Homerboy

Originally posted by: torpid
The word was coined by a magazine in the 70's. RHCP has no right to claim ownership of it. It was on bumper stickers all around the area at the time.

wouldn't this be the same if I called some show "Strawberry Fields" I mean they existed before but the Beatles popularized them.

Californication is a made-up word. It is a portmanteau coined by Time magazine. It not only existed before RHCP but was a really popular term present on numerous bumper stickers. The only entity that could reasonably sue showtime would be Time, or whatever writer wrote that article.

But to answer your question, yes. Strawberry Field was a children's home and the Beatles have no right to claim ownership of that term.

Right thats my point. Its not trademarked or copyrighted, so I'm not sure how RHCP thinks they can sue on it. Just because you popularize a (common) term doesn't mean you have rights to all profits made using that term. Very odd lawsuit.

And what about the "dani california" character?

 

[torpid]

Originally posted by: Ns1

And what about the "dani california" character?

That's not the character's actual name. It is a nickname given by Hank to her.

 

[MartyMcFly3]

Originally posted by: SSSnail
They should just drop the lawsuit and go on tour.

Cant wait until they do. Definitely will buy tickets if they are anywhere NEAR Illinois (went to a concert of theirs in Grand Rapids, Michigan about a year ago. Nice long road trip with a friend of mine. Great time)

The next concert of theirs I go to itll be the 6th show of theirs I will have seen.

 

[Ns1]

Originally posted by: MartyMcFly3

Originally posted by: SSSnail
They should just drop the lawsuit and go on tour.

Cant wait until they do. Definitely will buy tickets if they are anywhere NEAR Illinois (went to a concert of theirs in Grand Rapids, Michigan about a year ago. Nice long road trip with a friend of mine. Great time)

The next concert of theirs I go to itll be the 6th show of theirs I will have seen.

I'm up to like 8 or 9 here. I still go for Chad/Flea, but JAMFF isn't like he used to be. I thought he was way more gangster before he started hanging out with Mars Volta. His guitaring sounds too "out there" and just not melodic. I enjoyed his guitaring WAY MORE around 2001-2002. Now it sounds like overprocessed garbage. USUALLY. he still has moments of greatness...for instance "wet sand" live is pretty insane. but he pulls out alot of complete shit now too.

but flea still pwns

 

[MartyMcFly3]

Originally posted by: Ns1

Originally posted by: MartyMcFly3

Originally posted by: SSSnail
They should just drop the lawsuit and go on tour.

Cant wait until they do. Definitely will buy tickets if they are anywhere NEAR Illinois (went to a concert of theirs in Grand Rapids, Michigan about a year ago. Nice long road trip with a friend of mine. Great time)

The next concert of theirs I go to itll be the 6th show of theirs I will have seen.

I'm up to like 8 or 9 here. I still go for Chad/Flea, but JAMFF isn't like he used to be. I thought he was way more gangster before he started hanging out with Mars Volta. His guitaring sounds too "out there" and just not melodic. I enjoyed his guitaring WAY MORE around 2001-2002. Now it sounds like overprocessed garbage. USUALLY. he still has moments of greatness...for instance "wet sand" live is pretty insane. but he pulls out alot of complete shit now too.

but flea still pwns

Reason I play bass.

 

[Hubes]

IM a huge fan of the Peppers, and I dont know how this is there signature cd, if you mean cd that was most commercialized, then yea its there signature, but BSSM is defently there signature cd.

I also watch Californication, and by no means from the start did i think it had anything to do with the music group. Hopefully this will get thrown out in court. if anything it makes me want to watch this show, and throw in the peppers cd while im driving. I dont see how this will hurt there career.

This show is much better then any music they have put out in the past 4 years by the way.

 

[Ns1]

Originally posted by: MartyMcFly3

Originally posted by: Ns1

Originally posted by: MartyMcFly3

Originally posted by: SSSnail
They should just drop the lawsuit and go on tour.

Cant wait until they do. Definitely will buy tickets if they are anywhere NEAR Illinois (went to a concert of theirs in Grand Rapids, Michigan about a year ago. Nice long road trip with a friend of mine. Great time)

The next concert of theirs I go to itll be the 6th show of theirs I will have seen.

I'm up to like 8 or 9 here. I still go for Chad/Flea, but JAMFF isn't like he used to be. I thought he was way more gangster before he started hanging out with Mars Volta. His guitaring sounds too "out there" and just not melodic. I enjoyed his guitaring WAY MORE around 2001-2002. Now it sounds like overprocessed garbage. USUALLY. he still has moments of greatness...for instance "wet sand" live is pretty insane. but he pulls out alot of complete shit now too.

but flea still pwns

Reason I play bass.

Yes I know. Why I started too hahaha.

Speaking of "dani california", I can't wait to go home and play rock band to the song =D Oh if you can youtube it, RHCP - Live in Milan has a SICK outro jam to "dani california". Way better than the song itself IMHO

 

[pulse8]

Originally posted by: Ns1

Originally posted by: Homerboy

Originally posted by: torpid

Originally posted by: Homerboy

Originally posted by: torpid
The word was coined by a magazine in the 70's. RHCP has no right to claim ownership of it. It was on bumper stickers all around the area at the time.

wouldn't this be the same if I called some show "Strawberry Fields" I mean they existed before but the Beatles popularized them.

Californication is a made-up word. It is a portmanteau coined by Time magazine. It not only existed before RHCP but was a really popular term present on numerous bumper stickers. The only entity that could reasonably sue showtime would be Time, or whatever writer wrote that article.

But to answer your question, yes. Strawberry Field was a children's home and the Beatles have no right to claim ownership of that term.

Right thats my point. Its not trademarked or copyrighted, so I'm not sure how RHCP thinks they can sue on it. Just because you popularize a (common) term doesn't mean you have rights to all profits made using that term. Very odd lawsuit.

And what about the "dani california" character?

They need to take the stick out of their ass, then.

Just about every News Radio episode is named after a Led Zeppelin song or album. For them to go and sue them over it is silly.

 

[Parasitic]

So there are naked chicks in Californication?

 

[Q]

Originally posted by: trmiv
They have a valid complaint. I totally thought the Chili Peppers had something to do with that show (I've never seen the show though, no showtime).

Ditto