Meghan Markle faces another trademark battle as clothing designer seeks legal advice to protect ‘As Ever’ brand

Meghan Markle appears to be facing yet another uphill battle with her beleaguered lifestyle venture after a small business with a nearly identical name has vowed to protect its brand and title.  

Mark Kolski, a designer and owner of New York vintage clothing studio ‘As Ever NYC‘ said he has been left ‘reeling’ from the news that the Duchess of Sussex has decided to relaunch her ‘American Riviera Orchard’ company under the same name as his own clothing label. 

The independent clothing company – based in New York and New Jersey – sells one of a kind, reworked vintage clothing under the label ‘As Ever NYC’, which can be seen prominently displayed on its website and social media accounts. 

Speaking to DailyMail.com in the wake of Meghan’s announcement, Kolski confirmed he is now ‘getting advice from as many professionals in the (legal) field’ as he could.

Kolski, a former advertising executive and restaurateur, said that ‘it’s easy to see there’s confusion (between) the brands.’ 

‘I have been made aware of it since early [Monday] morning. I was not aware before. We don’t have any affiliation with Meghan Markle,’ he added. 

‘At this time based on all the legal advice I’m getting it’s best to say no direct comment.’

Kolski revealed that no one from Meghan’s team had reached out to consult him before she publicly announced her rebrand on Monday – and that he only found out about it after friends contacted him. 

Mark Kolski, a designer and owner of New York vintage clothing studio ‘As Ever NYC’ told DailyMail.com he is now seeking legal advice to protect his brand 

The Duchess was forced to rename her company after she ran into trademark problems with her initial project American Riviera Orchard, in a shambolic about-face, just two weeks before the launch of her new Netflix show, ‘With Love, Meghan’

‘I’m still reeling and evaluating from the attention this is getting to me,’ he told DailyMail.com. 

‘I’m speaking to a lot of people. I’m a very small brand, I’ve had a lot of reach, which I’m grateful for.

‘I’ve been contacted by a lot of people. I’m not actively signed up with legal representation but I’m trying to get advice from as many professionals in the (legal) field to find out to do to protect myself.

‘There’s a lot of attention coming at me from many people who have ideas and opinions about what Meghan Markle is doing’.

While the trademark for Meghan’s As Ever does not mention clothing, As Ever NYC has a similar aesthetic meaning that consumers could be confused between the two.

The Instagram page for Kolski’s studio even features some of the crisp white shirts that the Duchess is fond of wearing.

On Tuesday, Kolski’s company took to Instagram to address the ‘recent events’ and thank everyone for their ‘outpouring of support’.

‘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,’ Kolski wrote.

On Instagram, the brand has been reposting Instagram stories from friends, followers, and customers who are publicly standing behind the small business 

Supporters appeared to be sending a not-so-subtle message to Meghan by describing the brand as ‘the one and only @asevernyc’ 

‘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 explained that he started the venture back in 2015 but became official two years later in 2017.

‘It’s 2025. We are grateful to still be here making clothing in New York & New Jersey. 

‘We are grateful for all the customers coast to coast and world wide that have supported our venture. We will continue As Ever,’ he added.

The post has since received hundreds of messages from followers, friends, and customers throwing their support behind the small business. 

The brand’s account has also reposted Instagram stories from supporters who appeared to be sending a not-so-subtle message to Meghan by describing Kolski’s As Ever brand as ‘the one and only.’ 

Meghan’s surprise brand name change, which comes just two weeks before the launch of her Netflix TV show, titled ‘With Love, Meghan’ and her range of lifestyle products, came after an objection to her previous name, American Riviera Orchard.

The owners of Royal Riviera, which makes similar products to those the Duchess plans to sell, filed a letter with the US Trademark office saying there was a risk of confusion between the brands.

The independent clothing company – based in New York and New Jersey – sells one of a kind, reworked vintage clothing under the label ‘As Ever NYC’, which can be seen prominently displayed on its website and social media accounts

On Monday Meghan announced she has rebranded American Riviera Orchard as ‘As Ever’ in an Instagram video filmed initially 

Her new branding features a palm tree, alongside two hummingbirds – likely to represent Archie and Lilibet

In a post on Instagram, Meghan claimed that the name change was because it limited her to using products from the area around her home in Santa Barbara, which is known as the ‘American Riviera‘.

She also claimed to have ‘secured’ the name ‘As Ever’ in 2022 but public records paint a different story.

In 2022, Meghan’s representatives set up a company called ‘2022 Trademarks LLC’ in Delaware.

However Meghan only put in the application for the trademark ‘As Ever’ in September last year.

The following day a company was set up in Delaware called ‘As Ever Enterprises LLC’, which appears to be related to it.

Yet As Ever LLC, Kolski’s company, was set up in 2017 in New York state – he is based in Brooklyn – and is the top hit on Google when the term is searched for, raising further questions about why the Duchess didn’t spot it.

In its complaint to the US Trademark office, Harry and David, the 90-year-old gift order company which owns the brand Royal Riviera, said American Riviera Orchard was too similar to its own brand.

The trademark was given to brothers Harry and David Rosenberg for the pears they grew at their father’s orchard in Oregon in 1941.

Meghan has also claimed to have ‘secured’ the name ‘As Ever’ in 2022 but public records paint a different story, showing  she only applied for the trademark ‘As Ever’ in September last year

The ‘protest’ letter was deemed to be ‘relevant’ and was sent to the trademark office’s examining lawyer because of the ‘likelihood of confusion’ between the two.

In another blow to the Duchess, the trademark office had previously told Meghan that American Riviera Orchard was too vague and gave her three months to clarify it.

DailyMail.com has contacted Meghan’s representatives for comment.