A&E Doesn't Like the Way You Count

New York Supreme Court, New York County -- Complaint filed by A&E Television for breach of an administration agreement with Signature Sound, Inc., and subsequent breach of a termination agreement by defendants, who allegedly failed failed to forward the plaintiff quarterly statements of account with pay-outs itemized as is the custom of the television music industry for the musical works for which defendant was receiving royalties.

According to Defendant's website, they are "the most active music clearance and licensing company on the East Coast. We research music rights and secure all licenses and permissions for the use of copyrighted works and recordings on television, motion pictures, commercials, corporate productions and the Internet"

[A & E Television Networks v. Signature Sound Inc. aka North Hollow Music; Elliot Schrager; filed 3/10/2008; No. 08-600711]

Blood Sugar Sex Lawsuit

Leave it to the Cleveland Plain Dealer to call the following to OTCS's attention:

The Red Hot Chili Peppers filed suit against Showtime Networks over the name of the TV series "Californication." "Californication" is the title to one of the bands most commercially successful albums, and the title-track single to the album, both released in 1999. (Lead singer Anthony Kedis asserts that "'Californication' is the signature CD, video and song of the band's career..."

OTCS, though it disagrees with Mr. Kedis's assertion ("Under the Bridge"?!), does believe the suit has merit. As a unique album and song name, viewers of the Showtime series are surely likely to confuse the source/origin of the show; or, believe that the Red Hot Chili Peppers somehow endorse or are affiliated with it.

Bolstering the Red Hot Chili Peppers (intent = higher measure of damages) is the fact that a character on the program is named "Dani California", which is also the title to a Chile Peppers song released in 2006.

OTCS can practically smell an injunction brewing...or maybe that is just tomorrow's turkey?