The singer and actress Apollonia, a Prince protegee who co-starred in his 1984 film Purple Rain, alleges in a new lawsuit that the estate of the late pop icon is trying to “steal” her name in bad faith trademark proceedings.
Apollonia (Patty Kotero) brought the claims in a Tuesday (Aug. 19) complaint against Paisley Park Enterprises LLC, one of the entities that has managed Prince’s affairs since his death in 2016. Apollonia rose to fame playing a character of the same name in Purple Rain, and has since used the moniker for music releases, acting credits and a podcast hosting gig.
“All of the goodwill associated with the name and trademark ‘Apollonia’ for the past four decades is attributable to plaintiff,” writes her lawyer, Daniel Cislo, in the complaint. “There is only one Apollonia, and Apollonia is the source of the goods and services provided under this name. Therefore, to protect her brand, Ms. Kotero owns several ‘Apollonia’ trademark applications and registrations.”
According to the lawsuit, Prince never had an issue with Apollonia using this name professionally and even encouraged her to do so. But after the singer’s death, Apollonia says, his estate has been on a mission to “acquire all things related to Prince even though it has no legal right to do so.”
Apollonia alleges that as part of that mission, Prince’s heirs have “embarked on an aggressive campaign” to cancel her trademarks and claim ownership of the name “Apollonia” at the Trademark Trial and Appeal Board (TTAB).
Prince’s estate has allegedly claimed that Apollonia signed over her rights to this name as part of her Purple Rain movie contract in the 1980s. But she argues in Tuesday’s lawsuit that this is legally meritless.
“Even assuming arguendo that Plaintiff signed any agreement decades ago, the statute of limitations for breach of contract expired long ago, and neither Prince nor anyone on his behalf ever requested Apollonia cease using her name or demanded she stop using her name on a personal or professional level,” the lawsuit reads. “Contrary to defendants’ claims before the TTAB, Prince and Apollonia were friends, and he wanted her to be successful as Apollonia.”
Apollonia is now seeking a court declaration that she, not Prince’s heirs, owns this name. She claims the Prince estate’s trademark litigation is threatening “to disrupt not only Apollonia’s livelihood, but also her identity.”
Legal reps for the Prince estate did not immediately return a request for comment on the lawsuit.
Apollonia’s song from Purple Rain, “Sex Shooter,” spent six weeks on the Billboard Hot 100 in 1984. She continued collaborating with Prince after the film, providing vocals on his No. 25 hit “Take Me With U” and co-writing the Bangles hit “Manic Monday” with the High Priest of Pop. She went on to appear in the soap opera series Falcon Crest and release the self-titled album Apollonia via Warner Bros. in 1988.