Daily Mail reported that in October 2022, Meghan’s legal team applied for a trademark covering a wide range of products, including aprons, jams, and dog biscuits. However, in July 2023, the USPTO issued a 145-page partial refusal, citing the likelihood of confusion between ‘As Ever’ and ‘ASEVER’, a Shenzhen-based clothing company that supplies retailers such as H&M.
“The marks are identical in sound and virtually identical in appearance and are thus confusingly similar for the purposes of determining the likelihood of confusion,” Daily Mail cited USPTO.
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To address the issue, Meghan’s lawyers removed all references to clothing from the application and resubmitted it in January 2024. The revised version was subsequently approved. A Los Angeles trademark attorney warned that if Meghan were to sell clothing under the ‘As Ever’ name, she could face legal action.
Earlier, branding expert Nick Ede told The Sun, “This may potentially create copyright issues and a further headache for Meghan and her team.”
NYC clothing brand accused Meghan of plagiarising
Mark Kolski, owner of a vintage clothing brand called ‘As Ever’ in New York since 2017, told The Sun, “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.”
“I’m a very small business. It’s a family-run operation. I’m essentially a one-man band. This new venture has the power and money of Netflix behind it.”
The Suits’ star original brand name, ‘American Riviera Orchard,’ was rejected because it referenced a geographical location, which cannot be trademarked.
“Last year I had thought, American Riviera, that sounds like such a great name. It’s my neighborhood… it’s a nickname for Santa Barbara, but it limited me to things that were just manufactured and grown in this area.”
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Notably, officials from the Spanish village of Porreres in Mallorca have accused Meghan of copying their traditional coat of arms—which dates back to 1370—for her brand’s ‘As Ever’ logo.
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