The rock band Red Hot Chili Peppers recently filed suit for disgorgement of all profits, unspecified damages, and a permanent injunction against Showtime Networks for use of the name of their 1999 Grammy-winning album “Californication” as the title of a television show.
The televisions show, “Californication,” stars David Duchovny as a troubled writer and father living in Los Angeles with a habit of sleeping with beautiful women. The show premiered in 2006. The show also features a character named “Dani California”—the title of a single released by the Chili Peppers in 2006.
The lawsuit, filed in Los Angeles County Superior Court, alleges a violation of federal trademark law because the album and single title are inherently distinctive and “widely recognized by consumers and those in the trade.” Furthermore, the use of the name is a “false designation of origin” and causes “a likelihood of confusion…in the minds of the public.”
Andre Agassi Wins Injunction Against Target
The US District Court of Nevada has agreed with Andre Agassi and has issued an injunction against Target to prevent the continued sale of sandals bearing Agassi’s name.
According to the complaint, Agassi had licensed Target to use his likeness, but had never authorized the company to use his name. Target had agreed to take the sandals with his name on them off the market, but one month later the sandals were still for sale in Nevada and online.
The court indicated that Target violated Agassi’s right of publicity and that Agassi was likely to succeed on the merits of the infringement claim. In a balance of hardship analysis, the court ruled that there would be no undue hardship to retail giant Target by taking the shoes off the market while the damage to Agassi’s reputation could not be remedied through any amount of monetary award.
Fields of Fuel Wins at Sundance
Congratulations to our client, Johnny O’Hara the writer of the Documentary Fields of Fuel which won the Audience Award at Sundance. A look at America's addiction to oil, the documentary is about a man with a plan and a Veggie Van, who is taking on big oil, big government, and big soy to find solutions in places few people have looked.
Diamond Dog Caper to Premiere at Santa Barbara Film Festival
Congratulations to our client filmmaker Mark Stouffer, whose new family film, Diamond Dog Caper, will premiere at the Santa Barbara International Film Festival on Saturday, February 2, 2008 at 10 AM at the Victoria Hall Theater at 33 West Victoria Street in Santa Barbara (between State and Chapala Streets).
The picture is about a thief and his two dim-witted accomplices who arrive in a small town with a dog they mistreat. An ingenious boy battles to protect the dog and keep it away from the thieves. Unaware the animal is carrying a fortune in stolen jewels, the boy defends himself and dog at his fort hidden deep in the woods. Fortunately, the fort has an array of clever booby traps and devices the boy has created to fend off the thieves. Fun for the whole family, Diamond Dog Caper will delight kids of all ages with its fast-paced action and comedy. A trailer can be viewed at www.DiamondDogCaper.com.
Diamond Dog Caper stars French Stewart (3rd Rock From the Sun, Home Alone IV), Brittany Curran (Suite Life of Zach & Cody), John Farley (Blonde and Blonder), Kevin Farley (Waterboy), Kelly Perine (One on One); Luke Benward (How to Eat Fried Worms), and Cameron Monaghan (Click; The Three Investigators and the Secret of Skeleton Island). Special effects were supervised by Lance Wilhoite (Pirates of the Carribbean).
Director/Producer Mark Stouffer (Wild America) is the winner of 2 Emmy Awards (including Outstanding Achievement in Directing), 9 Emmy Award Nominations, a Directors Guild of America - Best Director Nomination, and over 75 prestigious, international awards. Mark Stouffer's productions include 4 features, 18 network specials, and 120 episodes of series television.