Apollonia has reached a confidential settlement with Prince’s estate, ending her lawsuit that sought a court ruling affirming her right to use the name Prince gave her when she played his love interest in the iconic 1984 film Purple Rain.
The parties filed a joint notice of dismissal Wednesday but kept the confidential deal under wraps, saying only that each side will cover its own legal fees and costs. But in a sign Apollonia will keep using the name, the estate simultaneously told the U.S. Patent and Trademark Office it was dropping its bid to cancel her “Apollonia 6” trademark, filings show.
“We are pleased to report that the case has been settled and that our client, Apollonia, is very pleased with the outcome,” lawyer Daniel M. Cislo says in a statement to Rolling Stone. “Apollonia is very happy that the parties can continue to honor the legacy of Prince and his musical genius. In a time of so much conflict, it is very good to see people coming together to resolve their dispute.”
Apollonia, whose legal name is Patricia Kotero, alleged in her August lawsuit that estate representatives were “attempting to steal” her name. She claimed it was “highly likely” the estate would sue her for trademark infringement unless she obtained a judicial declaration confirming her rights to the name and related marks.
In her filings, Kotero said Prince never sought to trademark the name before his accidental fentanyl overdose in April 2016 at age 57. She argued it was therefore improper for the estate to assume control of the Apollonia trademark last June and to seek cancellation of her other registrations and applications in a proceeding before the U.S. Patent and Trademark Office.
In a statement posted on the official Prince Instagram account, the estate said it had a duty to “protect and preserve Prince’s assets and legacy,” while expressing a desire to work amicably with Kotero. The estate said it had repeatedly tried to resolve the dispute privately and had offered her opportunities to perform at Paisley Park.
Lawyers for the estate did not immediately respond to a request for comment Thursday. The confidential settlement came two days before a scheduled hearing on the estate’s motion to dismiss.
In a January filing, Kotero told the court Prince “would be appalled by the unbecoming conduct” of the estate. She claimed Prince actively encouraged her to use and perform under the name Apollonia when they had a face-to-face meeting after his “Piano & a Microphone” concert in Oakland, Calif., in February 2016, two months before his death.
“The truth is none of this litigation would have occurred if Prince were still alive,” she wrote in her declaration, saying she feared losing control of the name would harm her identity and livelihood.
In an October motion to dismiss, the estate said it had no intention of preventing Kotero from using the name. “Defendant has never threatened to sue plaintiff,” the filing said, arguing that any ownership dispute should be resolved by the trademark office, not the court.
In an amended complaint, Kotero also claimed the estate was trying to control the name in connection with a Purple Rain musical staged in Minneapolis and potentially headed to Broadway. She cited promotional material featuring another actress labeled “Apollonia,” which she said violated her right of publicity. The estate countered that using the name of a character from the film did not support a legal claim.
Kotero rose to fame in Purple Rain and later toured internationally. She released music, including the hit song “Sex Shooter,” and appeared on the television series Falcon Crest, all under the name Apollonia.
Cheery Viruet*
Cheery Viruet
