The Duchess of Sussex faces another setback in her lifestyle brand launch as trademark issues arise with her newly announced As Ever brand name.
According to Daily Mail, Meghan Markle has been barred from selling clothing items under her As Ever brand due to name similarities with ASEVER, a Chinese fast-fashion company that supplies major retailers like H&M.
The U.S. Patent and Trademark Office (USPTO) issued a 145-page partial rejection of Meghan's trademark application in July 2023, citing potential consumer confusion between the two brands. Her legal team subsequently revised the application in January 2024, removing all clothing-related items to secure trademark approval.
Documents filed by Meghan's lawyers in October 2022 originally sought permission to sell various products, including aprons, clothing items, jams, and dog biscuits, under the As Ever name. The USPTO determined that her brand name was too similar to the existing Chinese company ASEVER, particularly in sound and appearance.
A Los Angeles trademark attorney warned that proceeding with clothing sales under the As Ever brand could result in legal action. This development forces Meghan to choose a different brand name if she wishes to pursue a clothing line despite her significant influence on fashion trends.
The trademark complications extend beyond clothing categories. Her initial brand name choice, American Riviera Orchard, was rejected because geographical areas cannot be trademarked. Additionally, food company Harry & David objected to that name's similarity to their Royal Riviera pear products.
The Spanish village of Porreres in Mallorca has threatened legal action against the duchess, claiming she copied their traditional coat of arms that dates back to 1370.
The village's emblem bears a striking resemblance to As Ever's logo, which features a palm tree with two hummingbirds.
Mark Kolski, owner of a vintage clothing company called As Ever in New York since 2017, expressed gratitude to his supporters while acknowledging the situation. Kolski stated:
I want to say thank you to all the old friends who know and love our small family brand As Ever and also say hi to all those that have just become aware we exist. We are grateful for all the customers coast-to-coast and worldwide that have supported our venture.
The businessman confirmed he never trademarked the As Ever name, describing his operation as a small family-run business. He noted the significant difference in resources between his company and Meghan's Netflix-backed venture.
As Ever products will be sold through Netflix's retail channels, including standalone stores in Dallas and Philadelphia, as well as their online shopping platform. The streaming giant plans to launch Meghan's new lifestyle show "With Love, Meghan" on March 4.
Meghan explained her brand evolution on Instagram, saying that while American Riviera sounded appealing as a reference to her Santa Barbara neighborhood, it would have restricted her to locally manufactured and grown products. The revised As Ever brand allows for broader product offerings.
Recent developments reveal continued obstacles in Meghan Markle's attempt to establish her lifestyle brand. The USPTO's restriction on clothing sales under the As Ever name, combined with international disputes over brand elements and prior usage claims, presents significant challenges for the duchess's business venture. As the March 4 Netflix show premiere approaches, these trademark issues remain unresolved, potentially impacting the brand's product range and market positioning.
