Prince’s estate responds to Apollonia’s “frivolous lawsuit”
Prince‘s estate has responded to singer-songwriter Apollonia’s lawsuit, dismissing it as “frivolous” and “unwarranted”.
The US artist, actor and former model (real name Patricia Apollonia Kotero) starred in Prince’s classic 1984 film Purple Rain, portraying his love interest who has the name Apollonia.
She recently filed a 14-page complaint against the late icon’s estate, Paisley Park Enterprises, in a Los Angeles federal court, accusing them of “attempting to steal” her name.
Kotero claims in the suit that, after appearing in Purple Rain, Prince never asked her to stop going by the name Apollonia, and did not “contend that the name did not belong to her either personally or professionally” (via Rolling Stone).
She alleges it was on the contrary, and that “Prince himself consented to and encouraged Apollonia in her professional endeavors” under that name. Kotero has now used the name for over four decades and released numerous projects using the alias.
Her legal team claims that Prince’s estate was out of line when it tried to claim ownership of the Apollonia trademark in June. She alleges that the estate filed an “intent-to-use” application that would allow it to use the name in connection with clothing and entertainment services.
Kotero has also claimed that Paisley Park Enterprises has made moves to try and cancel her trademark applications and registrations, despite her being the “rightful owner”.
Now, the estate has responded via a written statement posted on Prince’s official social media channels. “Regrettably, Ms. Patty Kotero a/k/a ‘Apollonia’ filed a frivolous lawsuit,” it began.
“As she acknowledges, Apollonia is the name Prince gave to the character played by Ms. Kotero in Prince’s movie, Purple Rain, over forty years ago. We never instructed her to cease using her adopted professional name, nor did we object to her business activities.”
It continued: “In fact, we repeatedly offered her opportunities to perform at Paisley Park using this professional name.
“Ms. Kotero’s unwarranted lawsuit comes at the tail end of years-long disputes before the Trademark Trial & Appeal Board concerning trademark registrations, in which rulings are imminent and with respect to which we have sought a settlement numerous times despite her highly unreasonable demands.
“Unsurprisingly, her suit fails to acknowledge the cancellation of her APOLLONIA registration by the United States Patent & Trademark Office.”
The statement concluded: “We look forward to the rulings in the pending trademark proceedings and a dismissal of Ms. Kotero’s recent federal action. As is our duty, we will continue to protect and preserve Prince’s assets and legacy.” See the post above.
Kotero lawsuit states that “all of the goodwill associated with the name and trademark ‘Apollonia’ for the past four decades is attributable to plaintiff”. It added: “There is only one Apollonia, and Apollonia is the source of the goods and services provided under this name.”
The complaint also suggests that the estate claimed that Kotero waived her rights to the name in 1983 when she signed a contract for her role in Purple Rain. Contesting this, Kotero’s lawsuit claims that, even if that were true, it was “never enforced” and that the “alleged rights” would have expired by now.
Additionally, the filing states that she and Prince were “lifelong friends”, and she both co-wrote The Bangles’ hit ‘Manic Monday’ with him and provided vocals on his song ‘Take Me With U’ using the stage name.
Prince died of a fentanyl overdose in 2016. He was 57 years old.
The post Prince’s estate responds to Apollonia’s “frivolous lawsuit” appeared first on NME.
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