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     eil.com

     • In this case, all indications suggest that the Chili Peppers are not holding onto “Californication” as a trademark, but rather are treating it purely as the title of their 1999 work.
     techli.com/revisiting-the-californication-trademark-dispute/17799/

     Revisiting the Californication Trademark Dispute

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   Is Californication a trademark?

   • In this song, the word Californication appears in the phrase "Californication, spooning in the dry sand". [ 32 ][ 34 ] Kim Walker, head of intellectual property at Pinsent Masons, states that the band should have registered Californication as a trademark. Instead, the only application for such was filed in April 2007 in the US, by Showtime.

   Californication (TV series) - Wikipedia

   en.wikipedia.org/wiki/Californication_(TV_series)

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   Did the Chili Peppers trademark 'Californication'?

   • At the time, the Chili Peppers had not applied to register any trademarks for “Californication”–though they certainly could claim fairly broad common law rights in the name. The case hasn’t made headlines since its filing, so we have to assume that the matter has been resolved quietly out of court.

   Revisiting the Californication Trademark Dispute - Techli

   techli.com/revisiting-the-californication-trademark-dispute/17799/

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   What is Californication?

   • For those who don’t know, “Californication” is the name of both (i) a 1999 album, song and music video by the Red Hot Chili Peppers, and (ii) a Showtime series now in its fifth season staring David Duchovny as novelist Hank Moody.

   Revisiting the Californication Trademark Dispute - Techli

   techli.com/revisiting-the-californication-trademark-dispute/17799/

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   Did the Chili Peppers Register “Californication”?

   • While one could presume that the Chili Peppers didn’t register “Californication” because they were treating it as a title and not as an identifier of source (the definition of a trademark), this assumption is countered by the Chili Peppers’ own later lawsuit against Showtime.

   Revisiting the Californication Trademark Dispute - Techli

   techli.com/revisiting-the-californication-trademark-dispute/17799/

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   Can a title be a trademark?

   • While as a general rule titles cannot be protected as trademarks, there are exceptions that may have allowed for registration in this case. If the Chili Peppers had applied to register “Californication” in connection with entertainment services, Showtime may well have chosen a different name from the outset.

   Revisiting the Californication Trademark Dispute - Techli

   techli.com/revisiting-the-californication-trademark-dispute/17799/

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   Can a song title be trademarked?

   • Song titles have been trademarked and the subject of lawsuits. The "Material Girl" song by Madonna was a strong brand but a song title by itself was denied a trademark as it applied to clothing. Using that slogan on a t-shirt would seem to be permissible. On the other hand, "Ziggy Stardust" is a trademark owned by David Bowie.

   Are Song Titles & Lyrics Protected by Copyright or Trademark Law?

   www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/

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3. en.wikipedia.org › wiki › Californication_(TV_series)Californication (TV series) - Wikipedia

   en.wikipedia.org › wiki › Californication_(TV_series)

   • Cached

   Kim Walker, head of intellectual property at Pinsent Masons, states that the band should have registered Californication as a trademark. Instead, the only application for such was filed in April 2007 in the US, by Showtime.

4. vernalaw.com › song-titles-as-trademarksTrademarks for Music Groups or Songs : Verna Law, P.C.

   vernalaw.com › song-titles-as-trademarks

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   In the case of “Californication,” despite being a famous song in the Red Hot Chili Peppers’ career, it may not qualify as a trademark. To achieve this status, a title must transcend being a successful song and become an integral part of the band’s popular image.

5. trademarks.justia.com › 771 › 52CALIFORNICATION Trademark - Serial Number 77152641 :: Justia ...

   trademarks.justia.com › 771 › 52

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   Filed in April 10 (2007), the CALIFORNICATION covers Entertainment in the nature of an on-going comedy television series broadcast over television, cable, satellite, radio, telephone, broadband systems, via the Internet, and via portable and wireless communication devices; providing information in the field of entertainment rendered via the ...

6. www.theregister.com › 2007/11/22 › chilisChilis could struggle in 'Californication' lawsuit - The Register

   www.theregister.com › 2007/11/22 › chilis

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   Nov 22, 2007 · Kim Walker, head of intellectual property at Pinsent Masons, the law firm behind OUT-LAW.COM, said the band should have registered Californication as a trademark. Instead, the only trademark application was filed in April in the US, by Showtime Networks.

7. www.tbennettlaw.com › 20 › red-hot-californicationRed Hot Chili Peppers v Californication - trademark dispute

   www.tbennettlaw.com › 20 › red-hot-californication

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   Nov 20, 2007 · “Californication is the signature CD, video and song of the band’s career,” front-man Anthony Kiedis said in a statement. “For some TV show to come along and steal our identity is not right.” Showtime filed a trademark application for CALIFORNICATION in class 41 for an ongoing television series.

8. www.thelaw.com › law › are-song-titles-lyricsAre Song Titles & Lyrics Protected by Copyright or Trademark Law?

   www.thelaw.com › law › are-song-titles-lyrics

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   Dec 20, 2011 · Showtime called its show "Californication" to the objection of the Red Hot Chili Peppers, who may lose their California lawsuit not only because they didn't trademark the term but also because it had been in use many years before the famous song.