TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark

The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022).

JHO sought to register the mark for its energy drinks, energy bars and a range of dietary and nutritional supplement products. NPG Records, LLC, which claims to own registered and common law rights in the trademark PURPLE RAIN, and Paisley Park, which owns the rights in the name, image and likeness of Prince Rogers Nelson, the musical artist commonly known as Prince, opposed the bid.

Paisley Park said the mark should be denied in part because of the false suggestion of a connection with Prince. In a recent precedential ruling, TTAB agreed, granting Paisley Park’s motion for partial summary judgment.

“We find on this record that PURPLE RAIN points uniquely and unmistakably to Prince,” TTAB wrote in the opinion. “There is plentiful evidence of the notoriety of Prince’s PURPLE RAIN song and PURPLE RAIN movie. There is also evidence of Opposers’ substantial merchandising efforts dovetailing the song and movie and the connection to Prince.”