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Apollonia has reached an out-of-court settlement with the Prince estate, ending their legal dispute. She had sought judicial confirmation of her right to use the name Prince gave her, when she played his lover in the iconic 1984 film “Purple Rain.”
The parties jointly filed a motion to withdraw the lawsuit on Wednesday and declined to discuss the terms of the settlement – only agreeing that each side will pay its own legal fees and litigation costs.
“We are pleased to announce that the case has been settled and our client Apollonia is very pleased with the outcome,” attorney Daniel M. Cislo said in a statement to ROLLING STONE. “Apollonia is very pleased that the parties can continue to honor Prince’s legacy and musical genius. In a time of great conflict, it is very nice to see people coming together to resolve their dispute.”
Lawsuit for name theft
Apollonia, whose real name is Patricia Kotero, alleged in her August lawsuit that representatives of the estate were trying to “steal” her name. She said it was “highly likely” that the estate would sue her for trademark infringement unless she obtained a court declaration of her rights to the name and associated trademarks.
In her pleadings, Kotero said Prince never attempted to trademark the name during his lifetime – he died of an accidental fentanyl overdose in April 2016 at the age of 57. She argued that it was therefore inadmissible for the estate to adopt the Apollonia mark last June and seek cancellation of its other registrations and applications in proceedings before the US Patent and Trademark Office.
In a statement posted on Prince’s official Instagram account, the estate said it was committed to “protecting and preserving Prince’s assets and legacy,” while expressing a desire to work amicably with Kotero. The estate said it had tried several times to resolve the dispute privately and had offered her opportunities to perform in Paisley Park.
Agreement shortly before hearing
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 that Prince was “appalled” by the estate’s “disgraceful behavior.” She claimed that Prince specifically encouraged her to continue using and performing under the Apollonia name during a personal meeting after his “Piano & a Microphone” concert in Oakland, California, in February 2016 – two months before his death.
“The truth is that none of this litigation would have occurred if Prince were still alive,” she wrote in her affidavit, adding that she feared the loss of the name would harm her identity and livelihood.
Counterarguments from the estate
In a motion to dismiss in October, the estate said it never intended to stop Kotero from using the name. “At no time did defendant threaten plaintiff with a lawsuit,” the brief said, arguing that any ownership issues should be resolved by the trademark office rather than a court.
In an amended statement of claim, Kotero also alleged that the estate was trying to gain control of the name in connection with a “Purple Rain” musical being performed in Minneapolis and possibly planned for Broadway. She referred to promotional material in which another actress was referred to as “Apollonia,” which she said violated her right to her own image. The estate countered that the use of a film character’s name did not constitute a legally enforceable claim.
Kotero rose to fame with “Purple Rain” and went on to tour internationally. She released music – including the hit “Sex Shooter” – and appeared in the television series “Falcon Crest”, always under the name Apollonia.
