Apollonia Claims Prince’s Estate Is ‘Attempting to Steal’ Her Name in New Lawsuit

Apollonia is suing Prince’s estate for “attempting to steal” her name.

According to court documents obtained by PEOPLE filed in Los Angeles on Tuesday, Aug. 19, the actress, whose full name is Patricia Apollonia Kotero, alleges that the late musician’s estate, Paisley Park Enterprises, is attempting to “cancel” the trademark applications she had filed for the moniker.

“In fact, Prince himself consented to and encouraged Apollonia in her professional endeavors as ‘Apollonia,’ ” she alleges in the documents. “If ever the fundamental principles of fairness – waiver, acquiescence, and laches apply, they apply here.”

Kotero, now 66, starred as Apollonia in Prince’s 1984 Purple Rain and has since used the name for performing, a podcast, and other endeavors.

“There is only one Apollonia, and Apollonia is the source of the goods and services provided under this name. Therefore, to protect her brand, Ms. Kotero owns several ‘Apollonia’ trademark applications and registrations.”

She claims that Prince’s estate has “asserted that Ms. Kotero does not own the name and has embarked on an aggressive campaign before the United States Patent and Trademark Office (‘USPTO’) and Trademark Trial and Appeal Board (‘TTAB’), attempting to cancel Apollonia’s trademark registrations and block her applications.”

She alleges that the estate claims that she is not the “rightful owner” of the trademark, and if “they succeed at the TTAB, it is highly likely Prince’s estate will demand Apollonia cease using her name and, if not, bring a trademark infringement action against her,” per the court docs.

She further alleges that Prince’s estate attempted to claim ownership when filing an “intent-to-use” application with the United States Patent and Trademark Office in June.

She says she previously filed trademark applications for “use in connection with entertainment services” and is seeking for Paisley Park Enterprises to withdraw their respective trademark applications.

Kotero’s suit claims that the issue between her and Prince’s estate is a “real, immediate, and justiciable controversy.” “A judicial declaration is necessary to determine the respective rights of the parties regarding the asserted APOLLONIA trademarks.”

Kotero seeks a judicial decision that states she is entitled to her name and marks.

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For over 40 years, Kotero says she has used Apollonia to identify herself and her work.

The name “distinguishes her goods and services from goods and services made and sold by others by, among other things,” including her music, acting credits, streaming platforms and materials promoting herself.

Kotero is seeking that the court declare she isn’t infringing on any “protectable trademarks” of Prince’s estate, and for them not to interfere with her “use, promotion, and marketing of her goods and/or services offered under the APOLLONIA Marks.”

PEOPLE reached out to Prince’s estate for comment and did not receive an immediate response.

Prince, known for songs such as “Purple Rain,” “Raspberry Beret,” “When Doves Cry” and “Kiss,” died in April 2016 at the age of 57. His cause of death was ruled an accident caused by “fentanyl toxicity” and that “the decedent self-administered fentanyl,” per the Midwest Medical Examiner’s Office.

Prince had no heirs. His estate is divided equally between publisher Primary Wave and his siblings.