Meghan Markle’s lifestyle business rebrand is facing pushback even before the Los Angeles line has launched a single product.
The Duchess of Sussex made a big announcement Tuesday in a social media video about the switch from American Riviera Orchard to As Ever in a move Markle said would allow her business to expand beyond geographical limits.
The owner of New York clothing brand As Ever asserted his company’s existence in the marketplace in response to the news.
“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,” As Ever owner Mark Kolski said in a social media post. “In the last 36 hours there has been an outpouring of support and concern regarding recent events around our namesake brand. We are aware. We are not affiliated.”
Kolski launched the brand in 2015, repurposing vintage items into modern pieces. It began, he said, as a hobby with a military jacket resworked into the company’s tanker pant and then a pink jumpsuit. Two years later, Kolski said As Ever ramped manufacturing and “became official.”
The company currently sells a military-inspired indigo jacket retailing for $325, twill pants made from Japanese denim for $345 and a white button-down shirt for $225.
As Ever’s range is sold online and New York boutiques such as Oroboro, At Land and Maison Bergogne.
“It’s 2025. We are grateful to still be here making clothing in New York and New Jersey,” Kolski said. “We are grateful for all the customers coast to coast and worldwide that have supported our venture. We will continue As Ever.”
As Ever and Trademark Law
Kolski later told The Sun he has common law rights to continue with his brand.
That would grant protections for the business who begins using a trademark first, but it’s not the same as having a federal trademark registration. The difference is in the scope of enforcement that can be carried out.
Common law protections allow a business to enforce a trademark within the geography it’s used, but there has to be evidence to support when a business became official. That can sometimes be a hurdle in proving.
Markle filed an application with the U.S. Patent and Trademark Office in September for use in skincare, haircare, gardening, candles, podcasts, gardening equipment, totes, housewares and several other categories.
If the application is approved, it would give Markle’s business broad scope of enforcement across state lines, except where the New York-based As Ever can prove in court its use.
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