Meghan Markle’s request to market goods under the name As Ever’ was partly denied by the U.S. Patent and Trademark Office (USPTO) because it was too close to ‘ASEVER’, a Chinese fast-fashion retailer. This is one of her attempts to resuscitate her business, American Riviera Orchard, which she rebranded ‘As Ever’ with Netflix as a collaborator.
Legal Concerns
Meghan’s attorneys submitted a trademark request in October 2022 to cover the product line that includes aprons, jams, and biscuits for dogs. Then, in July 2023, the USPTO submitted a 145-page partial rejection on grounds that the term ‘As Ever’ may be confusingly similar with Shenzhen apparel firm ASEVER, which ships its wares to retailers like H&M. The USPTO asserted, “The marks are identical sounding and virtually identical in appearance and are thus confusingly similar for purposes of assessing the likelihood of confusion.”
To fix that, Meghan‘s lawyers took garments off the application and re-submitted it in January 2024. The new application was approved. One trademark lawyer cautioned that if Meghan attempts to sell clothing under the As Ever’ name, she will be in trouble legally.
Accusations from Other Brands
Nick Ede, the branding consultant, explained, “This may raise potential copyright issues and another headache for Meghan and her team.” Mark Kolski, owner of a New York vintage clothing company by the name ‘As Ever’, was concerned about the support of Netflix behind Meghan’s business venture, adding, “This new venture has the money and clout of Netflix behind it.”
Meghan’s first brand name, ‘American Riviera Orchard’, was rejected by the USPTO for being descriptive of a place, which can’t be trademarked. Meghan thought about that and said, “Last year I had considered, American Riviera, that sounds like such a wonderful name. It’s my neighborhood… it’s a nickname for Santa Barbara, but it limited me to things that were just made and grown in this area.”
In addition, Meghan has also been accused by Mallorcan village officials in Porreres of plagiarizing their 1370 coat of arms as the inspiration for her ‘As Ever’ logo.
