Royal Trademark Trouble!

Meghan Markle, and her Santa Barbara business, Mama Knows Best, have had the recent displeasure of having to abandon four trademarks in succession this month. Her AOR logo and American Riviera Orchard trademark directly reference the well-known nickname of the California coastal city Santa Barbara. Though there were several deficiencies in their application, the main barrier to registration was due to the USPTO not allowing applications to register if the name of the mark is a well-known location, and the goods and services offered originate in the same location. Her business did not respond to the office actions and expressly abandoned their applications for American Riviera Orchard in February.

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Despite this setback, the Duchess of Sussex renamed her business to As Ever. As Ever is known as a lifestyle brand and was featured in her eight-part Netflix series, With Love, Meghan. The renamed business has filed several trademarks, one of which may be a direct reference to the Porreras coat of arms, an island city in Mallorca. Though the city’s logo may not be a direct barrier of entry for Megan’s new logo, that hasn’t stopped the city’s mayor from labeling Megan’s mark as “nearly identical.” The mayor does not intend to fight the registration but has expressed her disappointment with Megan’s choice of logo.

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If you think one island city is disappointed in her choice of trademark, then you may not have heard about the family business As Ever based in New York! Mark Kolski, runs a small clothing business and has reported his frustration in Megan’s choice of business name. He does not intend to change the name of his business. Though he may not have the resources to enter a legal battle with Megan’s As Ever company, he claims to have prior rights since as early as 2017. It is not yet clear whether Megan’s team intends to force the small business to rebrand, yet even so it is also not clear if they have the legal authority to do.

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Main Link: Meghan runs into new trademark trouble over lifestyle brand
Porreras Mayor Link: Spanish mayor says small town can’t afford to sue Meghan Markle for copying ‘As Ever’ logo — but urges her to change it
As Ever NY Business Article Link: Meghan Markle caught in ANOTHER ‘plagiarism’ row as shop owner whose store shares ‘As Ever’ name hits out