In a recent trademark opposition over the mark “PURPLE RAIN”, the Trademark Trial and Appeal Board (“TTAB”) ruled for the estate of famous American musician Prince over energy drink company Bang Energy. Bang’s affiliate filed the trademark application for “PURPLE RAIN” in January 2020 for use in connection with a variety of energy drinks and snacks. An opposition was instituted shortly thereafter.

The TTAB determined that the evidence “shows that PURPLE RAIN is the title of Prince’s ‘most iconic’ album” as well as the title of a motion picture starring the singer. The Board also relied on the results of an expert survey, which found that 66.3% of respondents associated “PURPLE RAIN” with Prince.

(Image used in TTAB Order)

This is Trademark Trial and Appeal Board Opposition No. 91269739, NPG Records, LLC (substituted for NPG Records, Inc.); and Paisley Park Enterprises, LLC (substituted for Comerica Bank & Trust, N.A.) v. JHO Intellectual Property Holdings LLC (TTAB Aug. 23, 2022).