Nancy Dillon
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Prince and Apollonia Kotero in the film 'Purple Rain', 1984. Warner Brothers/Getty Images 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 on Wednesday and declined to discuss the conditions of the settlement, only agreeing that each side would bear its own legal fees and costs.
“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.
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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.