Meghan Markle’s Branding Battles: A Tale of Trademarks and Trials

Meghan Markle, the Duchess of Sussex, has recently found herself in a whirlwind of branding challenges as she attempts to expand her lifestyle venture, "As Ever." The journey has been anything but smooth, with legal hurdles, plagiarism accusations, and a fair share of public scrutiny. This unfolding saga highlights the complexities of navigating the competitive world of trademarks, branding, and intellectual property.

The Trademark Tussle: A Name Too Familiar

At the heart of the issue is the name "As Ever," which Markle hoped to use for her burgeoning lifestyle brand. In October 2022, her legal team filed an application with the US Patent and Trademark Office (USPTO) to sell items like aprons under this name. However, the application hit a roadblock in July 2023 when it was partially rejected. The reason? The name "As Ever" was deemed too similar to "ASEVER," a Chinese clothing company based in Shenzhen that supplies major retailers like H&M.

The rejection document stated that the names were "identical in sound and virtually identical in appearance," making them "confusingly similar" for consumers. This ruling meant that Markle could not use "As Ever" to sell clothing. While she wasn’t entirely barred from selling clothes, she would need to file for a different brand name if she wished to pursue that avenue. Undeterred, Markle adjusted her strategy, removing clothing from her initial offerings and filing a revised application, which was eventually approved.

A Rebranding Journey: From American Riviera to As Ever

The decision to rebrand was not taken lightly. Markle had initially launched her lifestyle brand under the name "American Riviera Orchard" in April 2024, starting with the release of her signature strawberry jam. However, she soon realized that the name limited her to products manufactured and grown in the Santa Barbara area, which she felt was too restrictive for her vision.

In an Instagram video, Markle shared the story of how she settled on "As Ever." She revealed that she had secured the name back in 2022 but waited for the right moment to unveil it. That moment arrived when Netflix, her partner in the upcoming show "With Love, Meghan," also became a business partner. The rebranding was not just about the name; it was about expanding her brand’s reach and meaning.

Plagiarism Allegations: A Logo Under Fire

Just as Markle seemed to be moving past the trademark issues, a new challenge emerged. Xisca Mora, the mayor of the Mallorcan town of Porreres, accused Markle of copying the town’s coat of arms for the "As Ever" logo. The coat of arms features a palm tree in the center with two birds flying toward it, a design strikingly similar to Markle’s logo. Mora initially threatened legal action but later admitted that the town could not afford to pursue the case.

This was not the only controversy surrounding the "As Ever" brand. A New York-based clothing company, also named "As Ever," spoke out about the name similarity. The owner, Mark Kolski, stated that they were exploring their options but emphasized that they were not affiliated with Markle’s brand. Kolski’s company, which specializes in repurposing vintage military materials, has been in operation since 2015 and has gained a loyal following. Despite not having a trademark for the name, Kolski expressed gratitude for still being able to operate in New York and New Jersey.

The Road Ahead: Resilience and Reinvention

Despite these setbacks, Meghan Markle remains determined to build her "As Ever" brand. She has already launched her strawberry jam and is preparing for the release of her Netflix show, "With Love, Meghan," set to stream on March 4. The show is not just a creative project but also a platform to showcase her brand and vision.

Markle’s journey is a testament to the challenges of building a brand in a crowded and competitive market. While the road has been fraught with obstacles, her ability to adapt and reinvent suggests that she is in this for the long haul.

In the end, the story of "As Ever" is not just about trademarks and logos—it’s about the resilience of a woman navigating the complexities of business, public scrutiny, and personal passion. As Meghan Markle continues to carve her path, one thing is clear: this is just the beginning of her entrepreneurial journey.