Music legend Prince has been dead for more than six years, but a battle continues to rage over an EP of five gospel-inflected blues tracks that his estate says were wrongfully released a year after his death.
Purple Rain” is one of those phrases that can only be associated with Prince and the U.S. Patent and Trademark Office agrees. A forum of justice ruled on Aug. 23 that Bang Energy could not file trademark rights to “Purple Rain,” siding with the late rockstar’s estate that the term “uniquely and unmistakably” points to him.
In an 18-page decision, the Massachusetts Appeals Court on Tuesday overturned a Superior Court dismissal of a lawsuit filed against Boston-based entertainment lawyer Christopher L. Brown, who advised his clients to release the Deliverance Rec …
“Consumers encountering applicant’s mark, when used in connection with applicant’s goods, will presume a connection between ‘Purple Rain’ and Prince,” one judge wrote on the decision. The ruling additionally cited a survey that asked participants what “comes to mind” when they saw the phrase “Purple Rain.” 63% responded with “Prince,” the 1984 musical film, the album of the same name, or its titular song.
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As evidence, the ruling cited a survey that asked respondents “what comes to mind” when hearing the phrase; approximately 63 percent responded with Prince, his album, single, or musical film of the same name.
fter the verdict was handed down, Bang Energy CEO Jack Owoc said in a statement that he was a “big fan” of the artist.
He added, “We greatly respect Prince and his estate and will not ‘rain’ on their parade. Maybe we can negotiate a deal in the future that is mutually beneficial to both parties.”
After the verdict was handed down, Bang Energy CEO Jack Owoc said in a statement that he was a “big fan” of the artist.
He added, “We greatly respect Prince and his estate and will not ‘rain’ on their parade. Maybe we can negotiate a deal in the future that is mutually beneficial to both parties.”
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