Celebrity Trademark Troubles: Lessons from Meghan Markle's 'As Ever' Brand Challenges

Introduction

Celebrity brands often capture public attention, but they're not immune to the legal complexities and operational challenges that all businesses face. Meghan Markle's lifestyle brand, "As Ever" (formerly "American Riviera Orchard"), offers a compelling case study in how trademark issues can impact even high-profile business launches. This article examines the trademark disputes, logo controversies, and operational hurdles faced by the Duchess of Sussex's brand, providing valuable insights for entrepreneurs navigating the complex world of intellectual property.

Background: From "American Riviera Orchard" to "As Ever"

In early 2024, Meghan Markle announced her lifestyle brand under the name "American Riviera Orchard," focusing on home goods and lifestyle products with a connection to Santa Barbara, California (often referred to as the "American Riviera"). However, by February 2025, just weeks before the Netflix premiere of "With Love, Meghan," the brand underwent a significant rebrand to "As Ever."

While Markle claimed the name change was due to limiting products to the Santa Barbara area, trademark issues were a significant factor behind this pivot. The United States Patent and Trademark Office (USPTO) had denied the "American Riviera Orchard" application in August 2024 for being "primarily geographically descriptive." Additionally, objections from "Royal Riviera" (owned by Harry and David, established in 1941) cited a likelihood of confusion—a claim the USPTO deemed relevant.

Trademark Disputes and Conflicts

Conflicts with Existing "As Ever" Brands

The rebrand to "As Ever" didn't resolve all trademark issues. In fact, it created new conflicts:

• As Ever NYC: Mark Kolski's clothing brand, established in 2017, raised concerns over potential consumer confusion. Although Kolski doesn't hold a registered trademark (limiting his legal recourse), his prior use in commerce could still create complications.
• As Ever Photography: Jen Corbett, an Arizona wedding photographer, has operated under "As Ever Photography" with a registered trademark for over 12 years. While this doesn't directly conflict with Markle's filed categories (as it pertains to photography services rather than lifestyle products), it demonstrates the crowded landscape for the "As Ever" mark.
• ASEVER: The USPTO partially rejected Markle's "As Ever" application for clothing items due to similarity with "ASEVER," a Chinese fast-fashion brand. The marks were described as "identical in sound and virtually identical in appearance," restricting "As Ever" from selling apparel, including items like aprons.

USPTO Application Issues

The USPTO returned Markle's initial "As Ever" trademark application (filed in September 2024) citing several issues:

• Missing signatures on the application
• Unclear product descriptions (categories like "spoons for serving jams and fruit preserves" were deemed too broad or indefinite)
• Need for clarification by international class number

Markle was given three months to respond or risk abandoning the application entirely.

Logo Controversy

Beyond name conflicts, "As Ever" faced another unexpected issue: its logo, featuring a palm tree flanked by two hummingbirds, bears a striking resemblance to the coat of arms of Porreres, a town in Mallorca, Spain. The town's mayor acknowledged the similarity, with a Spanish politician describing it as "a total copy" in reports published by El Pais.

While the town lacks the financial resources to pursue legal action (making this more of a public relations issue than a legal battle), it demonstrates the importance of thorough due diligence in logo design and the potential for unexpected conflicts across international boundaries.

Operational Challenges

In addition to trademark disputes, "As Ever" encountered significant operational hurdles that complicated its launch:

Website Technical Glitches

Upon launch, "As Ever" experienced a technical glitch where orders continued to be accepted beyond available stock, particularly for the limited-edition wildflower honey. This overselling necessitated refunds for affected customers. Meghan Markle reportedly personally apologized to customers, promising complimentary items from future releases as compensation.

Rebranding Delays and Complications

The rebrand from "American Riviera Orchard" to "As Ever" was announced in February 2025, just two weeks before the Netflix show "With Love, Meghan" premiere. This tight timeline created additional pressure, including:

• The need for fresh trademark applications
• Redesigning packaging and marketing materials
• Addressing conflicts with existing brands
• Potentially rushing aspects of the launch to meet the Netflix premiere timeline

Current Status of the Brand

Despite these challenges, "As Ever" has proceeded with its product offerings, focusing on a Santa Barbara connection. Current products include:

• Raspberry jam
• Limited-edition wildflower honey with honeycomb
• Crepe mix
• Herbal teas (lemon, ginger, peppermint, hibiscus)
• Shortbread butter cookies

The brand has also secured a partnership with Netflix, with "With Love, Meghan" debuting recently, adding to its visibility but also increasing pressure to resolve ongoing issues. Notably, the clothing category restrictions resulting from the "ASEVER" conflict have limited the brand's expansion into apparel.

Trademark Lessons for Business Owners

The "As Ever" case provides several valuable lessons for entrepreneurs and business owners:

1. Conduct thorough trademark searches: Comprehensive searches should cover not just identical marks but similar-sounding ones across all relevant jurisdictions. Consider hiring a trademark attorney to conduct a proper clearance search.
2. Avoid descriptive terms: Geographically descriptive terms like "American Riviera" are difficult to trademark unless they've acquired secondary meaning through extensive use in commerce.
3. File early: Consider filing intent-to-use applications for your brand name early in the development process to secure your rights.
4. Verify international conflicts: For logos and visual identities, ensure you're not inadvertently copying existing designs, including governmental insignia or heraldic devices.
5. Have contingency plans: Develop backup brand names and strategies in case primary choices encounter legal obstacles.
6. Test thoroughly before launch: Ensure technical systems can handle anticipated demand and have contingency plans for technical glitches.

Conclusion

Meghan Markle's "As Ever" brand illustrates how even well-funded, high-profile ventures can encounter significant trademark challenges. From conflicts with existing brands to USPTO rejections and operational hurdles, the brand's journey underscores the complexities of launching a new business in a crowded marketplace.

For entrepreneurs and business owners, this case offers valuable lessons in the importance of thorough trademark searches, careful planning, and having contingency strategies. While celebrity status may provide certain advantages in brand building, it doesn't exempt businesses from the fundamental requirements of trademark law and operational excellence.

As "As Ever" continues to navigate these challenges, its story serves as a reminder that proper trademark planning is essential for businesses of all sizes and profiles—perhaps even more so for those in the public eye.