Owner of independent business with same name as Meghan Markle’s As Ever reveals update on legal action against Duchess

The owner of an independent retailer with the same name as Meghan Markle’s brand As Ever says he’s no longer planning legal action. 

Mark Kolski, the designer and owner of New York vintage clothing studio ‘As Ever NYC‘, previously told DailyMail.com 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.

But after exploring his options, Mr Kolksi, 58, has revealed he’s no longer planning any legal response and is simply going back to work. 

He also denied that there has been any ‘battle’ between himself and the Duchess over the name and their teams have not spoken to one another. 

Speaking in an interview with the New York Times, he said: ‘I’m not trying to mount some legal offensive here. 

‘Right now, I’m just going back to work, and I’m trying to keep the awareness on my brand. If any conflict eventually arises that affects my business, I’ll evaluate that then.

‘What it feels like is out there people are making comments, and the media they want to create a rift between us, but there isn’t. I haven’t talked to them. They haven’t talked to me. There’s no battle going on.’

Mr Kolski said he had spoken with his brother, an attorney, who told him he did have ‘some rights’, but had ultimately decided against taking action. 

Mark Kolski, 58, says he will no longer be taking legal action against Meghan Markle for her As Ever brand 

Last week, the Duchess of Sussex revealed she had decided to rename her American Riviera Orchard brand

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.

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.

Speaking to DailyMail.com in the wake of Meghan’s announcement last week, Kolski confirmed he was ‘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.

The Duchess has come under fire for her rebrand, with controversies over similar names and logos to existing brands. Pictured: The new logo of Meghan’s As Ever

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

Fans of the As Ever clothing company branded Meghan’s rebrand as ‘royally scandalous’

Meghan, hand in hand with her daughter Lilibet, in the cover photo for her new brand’s website – which was swapped in over night

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

The rebrand has impacted business owners with companies under the same name, including As Ever Photography and a New Jersey clothing company whose small family brand also holds the name.

Meanwhile, the sleepy Mallorca village of Porreres also considered launching legal action after accusing Meghan’s company of copying its coat of arms for As Ever’s palm tree and hummingbirds logo. 

Meghan 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’. 

Trademark filings revealed Meghan is planning to use her new As Ever merchandise empire to branch out into hospitality, running everything from Airbnb-style ‘temporary accommodation’ to ‘self-care’ and ‘calligraphy’ seminars.

But the overhaul was ridiculed when it was revealed a tiny Spanish village was considering launching legal action after accusing Meghan’s company of copying its coat of arms for As Ever’s palm tree and hummingbirds logo. 

In a photo shared on Instagram to mark the rebranded firm, Meghan can be seen drizzling honey over a croissant. Champagne, a jar of jam and a bowl of fruit were also laid out on the table. 

Trademark filings for As Ever have potentially revealed what Meghan plans to do with her merchandise empire, with the range including everything from ‘edible flower petals’, yoga blankets and diffusers, to gardening tools, dishware and outdoor furniture. 

In a photo shared on Instagram, Meghan can be seen drizzling honey over a croissant. Champagne, a jar of jam and a bowl of fruit are also laid out on the table

Spot the difference: Meghan’s logo for her rebranded As Ever luxury firm (left), and the coat of arms for the sleepy Mallorca town of Porreres (right)

The jam that Meghan shared with celebrity pals. Labelled with Meghan’s elegant calligraphy, topped with a delicate ribbon tied in a bow, it was the embodiment of home-made elegance and gourmet luxury that she is desperate for her lifestyle brand to project

And it hints at a larger move into hospitality services ‘in the nature of provision of food and drink’ or ‘temporary accommodation’, as well as expanding the Sussexes’ media empire, too. 

It is not clear how a hospitality venture would work in the case of the Sussexes, who live in Montecito, California, and recently purchased a property in Portugal. 

As well as planning a series of podcasts and TV programmes, the trademark application also includes bids to create live stage performances and lifestyle seminars, as well as other products like spreads, books, pet treats and body lotions.

However, Meghan’s new As Ever lifestyle products are not set to be ready until a ‘few months’ after her upcoming Netflix cookery show is released. 

In her announcement video, Meghan also confirmed that Netflix would be her new business partner – something she said was ‘huge’. This led people to believe that the new launch would coincide with the show coming out. 

However, sources told PageSix over the weekend that the highly anticipated lifestyle products – which will include jam, gardening and other homeware items – won’t be ready for sale until a few months after With Love, Meghan is released. 

The cooking and entertaining show will be launched on Netflix on March 4, after it was postponed from January due to the LA wildfires.  

Meghan, wearing a white linen shirt and blue jeans, told fans: ‘The cat’s out of the bag.

Just weeks ahead of the launch of With Love, Meghan (pictured), the Duchess announced she was rebranding American Riviera Orchard to As Ever

‘I’m shocked we’ve kept this a secret for so long. In two weeks my show is coming out, which I’m so excited for. And also my business, which I think there has been a lot of curiosity about. 

‘Last year, I had thought, ‘American Riviera, that sounds like such a great name.’ It’s my neighborhood; it’s a nickname for Santa Barbara, but it limited me to things that were just manufactured and grown in this area.’

‘Then Netflix came on, not just as my partner in the show, but as my partner in my business. which was huge.

‘So I thought about it, and I’ve been waiting for a moment to share a name that I had secured in 2022, and this is the moment, and it’s called As Ever.

‘Of course, there will be fruit preserves; I think we’re all clear at this point that jam is my jam. But there are so many more products that I I just love, and now it’s time to share them with you. So I just can’t wait for you to see it. Thanks guys!’

Meghan has also been barred from selling any clothing under her new ‘As Ever’ brand because of the name’s similarity to a cut-price Chinese clothing company.

The Mail on Sunday revealed that documents filed at the US Patent and Trademark Office (USPTO) in October 2022 by Meghan’s high-powered lawyers applied for permission to sell aprons and other items of clothing – along with a long list of products including jams and dog biscuits – under the ‘As Ever’ name.

But USPTO issued a 145-page ‘partial rejection’ of Meghan’s trademark application in July 2023 saying she could not sell clothing because her company’s name was too similar to Chinese ‘fast fashion’ brand ASEVER.