Apollonia says Prince never meant to cause her any sorrow, so his estate shouldn’t either.
In a new declaration filed in her federal court lawsuit on Friday, the model and actress known as Apollonia claims Prince was “adamant” during a face-to-face meeting two months before his death that she should keep using and performing under the name he gave her to play his love interest in the iconic 1984 movie, Purple Rain.
Apollonia, 66, says that Susan Moonsie, another member of the girl group Apollonia 6 that Prince formed after the film’s release, was with her for the Feb. 28, 2016, meeting that took place immediately after Prince’s Piano and a Microphone concert in Oakland, California.
“During our conversations that evening, Prince was adamant that we continue with our ventures such as musical performances, merchandising, and audiovisual projects, and that he wanted us both to use our Apollonia and Apollonia 6 trademarks in order to be able to earn a living, stay creative, and be financially secure in our later years,” Apollonia, born Patricia Kotero, wrote.
Kotero, who’s now suing the estate, says Prince never trademarked the name while he was alive, so the estate’s Paisley Park Enterprises was out of line when it assumed control of the Apollonia trademark last June and sought to cancel her other registrations and applications in a proceeding with the U.S. Patent and Trademark Office. Kotero is now asking the court to reject the estate’s request that her lawsuit be dismissed.
“The truth is none of this litigation would have occurred if Prince were still alive,” she wrote in her declaration filed Friday. “He would be appalled by the unbecoming conduct of PPE and the efforts by PPE to usurp his wishes. I do not trust PPE, and I am afraid that if PPE is able to accomplish its goal of taking the Apollonia Marks from me, my identity will be lost, my rights will be diminished, my business will be interrupted, and I will be unable to use the Apollonia marks without repercussion from PPE.”
Kotero first filed her lawsuit in August, saying she “famously starred” in Purple Rain, and Prince “consented to and encouraged” her use of her character’s name before his accidental fentanyl overdose in April 2016 at age 57. She claimed it was “highly likely” that the estate would sue her for trademark infringement if it prevailed in its efforts with the trademark office, so she asked the court for a judicial declaration confirming she’s entitled to her name and marks.
In a statement posted on the official Prince Instagram account last August, the estate said the estate had the right to “protect and preserve Prince’s assets and legacy.” The statement said the estate has repeatedly attempted to resolve the dispute privately and also claimed it offered Kotero multiple opportunities to perform at Paisley Park.
In a motion to dismiss the lawsuit filed Oct. 13, the estate doubled down on the claim it has no intention of blocking Kotero from using the name. “Defendant has never threatened to sue plaintiff, never asked her to cease using her adopted stage name, nor ever asked her to cease any of her business activities,” the motion, obtained by Rolling Stone, said. The estate argued that the question of ownership should be resolved by the trademark office, not the court.
In an amended complaint, Kotero said she believed the estate was attempting to secure control of Apollonia for ventures such as the Purple Rain musical staged at the State Theater in Minneapolis, ahead of a possible Broadway run. She cited a promotional image from the production that showed actress Rachel Webb with the name “APOLLONIA” printed prominently. Kotero said the image violated her right of publicity. “Defendants do not have the authority to allow a third party to use plaintiff’s name, image, voice, likeness or other indicia of identity, including plaintiff’s likeness from the original film,” her filing said.
The estate countered that the use of the name beneath a photograph of another actress in advertising materials was insufficient to support a legal claim. “Plaintiff has only alleged that defendant has used the name of a character from Purple Rain, a film in which plaintiff previously appeared,” the estate argued in its dismissal motion.
“We are very confident that Apollonia will prevail in protecting her name,” Kotero’s lawyer, Daniel M. Cislo, tells Rolling Stone. Lawyers for the estate did not immediately respond to a request for comment Friday. A hearing on the estate’s motion to dismiss is scheduled for Feb. 13.
After rising to fame in Purple Rain, Kotero toured internationally to promote the film and her hit song “Sex Shooter.” She and Prince became “lifelong friends,” her lawsuit said, and she co-wrote the Bangles’ 1986 hit “Manic Monday” with him. She also provided vocals on Prince’s song “Take Me With You,” using her stage name. In 1985, she became a regular on the television series Falcon Crest, again using the name Apollonia. Her self-titled solo album was released in 1988.
Prince had no will and no children when he died, leading to a messy battle over his assets. His six siblings ultimately inherited equal interests in his estate.
