The Duchess of Sussex’s latest business venture, As Ever, ignited a legal firestorm after a New York City clothing label accused Meghan Markle of trademark infringement. The dispute highlights critical questions about trademark rights, brand identity, and the legal risks of celebrity ventures in crowded markets.
Meghan announced the pivot to As Ever on Instagram, citing a desire to expand beyond products tied to Santa Barbara (nicknamed the “American Riviera”). The rebrand aligns with her upcoming Netflix series With Love, Meghan, set to debut March 4, 2025.
However, U.S. Patent and Trademark Office (USPTO) blocked her initial application to sell clothing under “As Ever” in 2023, citing “confusing similarity” to ASEVER, a Chinese fast-fashion retailer supplying H&M. The USPTO noted the marks are “identical in sound and virtually identical in appearance.”
Meghan’s lawyers removed clothing from the trademark application in January 2024, and secured approval for the name for household goods (jams, pet treats) under “As Ever.”
The Fight Over ‘As Ever’ Now, the NYC clothing brand As Ever, which has been operational since 2017, has quickly clarified that it had no affiliation with Markle’s venture. Founded in 2015 by Mark Kolski, As Ever NYC is a boutique brand specializing in reworked vintage clothing.
he claims common law trademark rights to the name, asserting his business has operated under “As Ever” since 2017.
After Meghan’s rebrand announcement, Kolski spoke out about his company’s limited financial resources compared to Markle’s Netflix-backed enterprise, stating, “Even if I wanted to do something, I don’t think I have the behemoth of lawyers and money that are behind this.’ While Kolski claims common law trademark rights to the name ‘As Ever,’ experts stress the challenges of relying on unregistered protections.
Common Law vs. Registered Trademarks A common law trademark is when your business name/logo/identifier isn’t officially registered, yet it is used to identify a business in commerce…
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