Meghan Markle surprised her followers earlier this week as she announced the rename of her lifestyle brand, formerly named, American Riviera Orchard.
Soon after the Duchess of Sussex shared that the brand is now called, As Ever, two brands of the same name emerged.
A clothing brand in New York and an Arizona-based wedding photographer had been using the brand name for much longer than Meghan had decided to use it for business venture.
In her video message, the former Suits actress claimed that she had acquired the name in 2022 after realising that American Riviera Orchard “limited” her to things only grown in her vicinity.
However, reports suggest that Meghan had a trademark issue last year after a brand with similar name to ‘American Riviera Orchard’ filed a lawsuit. Moreover, Meghan’s As Ever has not yet received a legal notice from the namesake labels.
Intellectual property lawyer Richard Stim explained what would be the future of the brand.
He told Vanity Fair that it common for the names to clash as this situation happens frequently “when people file a broad application.”
The expert noted that the Meghan’s As Ever filing specifically does not include an entry for Class 25 goods, the category for clothing.
“She filed an Intent to Use application—that means you don’t get any trademark rights until you use it for commerce,” he added. “To acquire the trademark, she has to come up with goods in those categories. She has about two years in terms of extending that deadline.”
The brand launch was previously delayed by previous trademark issues. It remains to be seen if the launch will go ahead as planned this time or there will be another announcement.
