Meghan Markle, the Duchess of Sussex, recently unveiled a new name for her lifestyle brand, transitioning from “American Riviera Orchard” to “As Ever.” This change, aimed at allowing her business to encompass more than just local products from her area, has led to potential trademark conflicts.
In a video announcement earlier this week, Meghan explained that the original name felt restrictive, tying the brand solely to products native to her local region. Following her announcement, it emerged that two existing businesses — a clothing company in New York and a wedding photographer in Arizona — had already been operating under the “As Ever” name for a significant period.
According to reports, Meghan faced a similar issue last year when a company with a name close to “American Riviera Orchard” initiated a legal challenge. Currently, her newly renamed brand “As Ever” has not received any formal legal challenges from the other entities using the same name.
Intellectual property attorney Richard Stim provided insights into the situation, noting that such naming conflicts are common with broad trademark applications. He specified that Meghan’s trademark application does not cover Class 25 goods, which includes clothing — a category crucial for the New York-based “As Ever” clothing brand.
Stim further elaborated that Meghan has filed an “Intent to Use” trademark application, meaning that she can’t claim trademark rights until she actually starts selling the goods under that brand. She has approximately two years to start using the name in commerce to strengthen her claim to the trademark.
The launch of “As Ever” has seen delays due to these trademark conflicts, and it is unclear whether the rebranding will proceed without further legal complications. Meghan’s team might have to navigate these challenges carefully to avoid infringing on existing trademarks or possibly consider yet another rebranding to steer clear of potential legal issues.
This ongoing situation underscores the complexities of trademark law, especially in a globalized marketplace where names and brands can easily overlap in different industries and regions. For Meghan, a clear path forward will require careful legal guidance and possibly more adjustments to her brand strategy.
As this story develops, it remains to be seen whether Meghan will make additional changes to her brand name or how she will resolve the potential trademark conflicts. The resolution of these issues will be crucial for the future of her lifestyle brand as she continues to expand her business ventures.
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