Problem
Janette created a microbrewery and named her popular beer, with a distinctive purple hue "Purple Rainy." The beer was so popular, she began marketing and selling t-shirts and caps with the name "Purple Rainy." Those sold well, especially after Prince's death. She filed a trademark application for her beer. Shortly after she filed the application, she received a cease and desist letter from Prince's Universal Music company demanding that she rename the beer because it was too similar to Prince's hit song, "Purple Rain." She consults you as her legal advisor to decide what she should do. She would like to keep the name as is.
Explain whether Janette is liable for trademark infringement and/or trademark dilution. Be sure to identify the theory, explain the components of that theory and how you believe each of the elements was or was not present in this scenario.