![]() The mark would be recognized as such, in that it points uniquely and unmistakably to Prince.Applicant’s mark PURPLE RAIN is the same or a close approximation of Prince’s name or identity.To succeed in their summary judgement motion, Opposers had to establish there was no genuine dispute that: The Board’s decision turned solely on Opposers’ claim of false suggestion of a connection with Prince under Trademark Act Section 2(a). § 1125(c) and (3) false suggestion of a connection with Prince under Trademark Act Section 2(a), 15 U.S.C. Opposers filed an opposition proceeding against Applicant’s PURPLE RAIN asserting: (1) likelihood of confusion under Trademark Act Section 2(d), 15 U.S.C.§ 1052(d) (2) dilution by blurring under Trademark Act Section 43(c), 15 U.S.C. NPG Records, LLC and Paisley Park Enterprises, LLC (collectively, Opposers) own a registration and five pending applications (three of which matured to registration at the time of the Board’s decision) for the mark PURPLE RAIN, and associated common law rights, for goods and services in International Classes 9, 16, and 41. ![]() ![]() JHO Intellectual Property Holdings LLC (Applicant) sought to register the mark PURPLE RAIN on the Principal Register in standard characters for “Dietary supplement drink mixes Dietary supplemental drinks Dietary and nutritional supplements Liquid nutritional supplement Nutritional supplement energy bars Nutritional supplements Nutritional and dietary supplements formed and packaged as bars Powdered nutritional supplement drink mix” in International Class 5, and “Energy drinks Isotonic drinks Non-alcoholic drinks, namely, energy shots Sports drinks” in International Class 32. JHO Intellectual Property Holdings LLC, 2022 USPQ2d 770 (TTAB 2022) ( link), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s motion for partial summary judgment against a third-party application for PURPLE RAIN. In a precedential decision, NPG Records, LLC and Paisley Park Enterprises, LLC v. When you hear “PURPLE RAIN,” what’s the first thing that comes to your mind?
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