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The 12-part series, which debuted in the UK on Five in October, features former 'X-Files' star Duchovny as a troubled novelist balancing his complicated love life with writers block. The programme debuted with 1.3m viewers on Five, but has since slid to half the amount in its Thursday night slot.

Showtime Networks, which is owned by CBS, is now being sued by Red Hot Chili Peppers over the use of the 'Californication' title, which the band used for its 15m selling 1999 album and spawned the hit singles 'Scar Tissue', 'Californication' and 'Around The World' as well as the title track.

The band's management claims the title's usage by Showtime Networks provokes unfair competition, is a "dilution of the value of the name", and that the word 'Californication' is "inherently distinctive, famous [and] immediately associated in the mind of the consumer" with Red Hot Chili Peppers.

The band's lawyers also argue that the name of Rachel Milner's character in the programme, Dani California, who plays the PA of Duchovny's agent, Evan Handler, shares her name with a single from the band's latest album, 'Stadium Arcadium'.

According to reports, the band wants Showtime Networks to stop using the 'Californication' title for its programmes and hand over any profits so far gained from its usage.

It is understood Showtime Networks had filed an application to trademark 'Californication' for the series, but the rights had not been granted prior to the Red Hot Chili Peppers' lawsuit.

Anthony Kiedis, lead singer and frontman of Red Hot Chili Peppers, said: "'Californication' is the signature CD, video and song of the band's career, and for some TV show to come along and steal our identity is not right."