Looks like a “Purple Rain” flavor of Bang Energy Drink just isn’t in the cards.
“We find on this record that Purple Rain points uniquely and unmistakably to Prince,” the ruling read.
In their argument, Prince’s estate noted that “Purple Rain” is not a phrase commonly used or defined in the English dictionary and would only incur damages on the estate and brand if used by Bang. The estate, made up of a $156 million deal between Prince’s heirs and a talent management company, was onlyafter a years long legal battle and notoriously guarded with the late musical icon’s image.
“Prince’s music, art and trademarks hold a special place in our society and culture,” attorney L. Londell McMillan, who represents a portion of the estate, told“Purple Rain is a Prince mark and brand known worldwide. Please respect these unique assets or suffer at your own peril.” The judges specifically cited a double blind survey provided by the estate that found in a test of 1,200 individuals, over 66.3 percent of respondents said they associated the phrase “Purple Rain” to Prince, or one of his songs, movies or albums.
Bang Energy argued that Prince’s Estate may have gotten a different answer if they had asked the survey participants about “Purple Rain’s” connections to energy drinks, but it wasn’t enough to convince the panel — who ruled firmly in favor of Prince’s Estate. , Bang Energy CEO Jack Owoc deferred to the court’s decision, saying “we greatly respect Prince and his estate and will not ‘rain’ on their parade,” he said.
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