A New York-based vintage clothing designer is seeking legal counsel after Meghan Markle announced the rebranding of her lifestyle business under the name As Ever, a name strikingly similar to his existing brand, As Ever NYC.
This development surfaced on Monday when Markle revealed her brand's transition from American Riviera Orchard to As Ever. The news came as a shock to As Ever NYC owner Mark Kolski, who learned about the name change not through formal communication but through friends.
Kolski, who founded As Ever NYC in 2017, has built a strong reputation for crafting unique, reworked vintage clothing sourced from locations across New York and New Jersey. His brand is known for its distinctive, high-quality designs that appeal to fashion enthusiasts who value sustainability and individuality.
Upon discovering the potential trademark dispute, Kolski voiced concerns about the possible confusion this could create among consumers. He emphasized that the similarity between the two names could dilute the identity he has meticulously cultivated for his business. What added to his frustration was that neither Markle nor her team had reached out to him regarding the rebrand.
A former advertising executive and restorer, Kolski expressed his disbelief over the situation in an interview with The Daily Mail, stating he was still processing the unexpected development. He highlighted how such conflicts can have a significant impact on small businesses like his, which rely on brand recognition and customer loyalty.
His brand has maintained a strong online presence, with a recognizable label featured prominently on its website and social media platforms since its inception. In light of the controversy, Kolski has begun consulting with legal professionals to assess his options.
"I'm speaking to a lot of people in the legal field," he confirmed, stressing the importance of understanding his rights in this dispute. Though he acknowledges that his company is small compared to Markle’s enterprise, the reach and reputation he has built over the years make this matter highly significant for him.
"It's easy to see there's confusion between the brands," Kolski pointed out, noting how the similarity in names could mislead consumers. However, he refrained from making direct statements about potential legal action, stating, “Based on all the legal advice I'm getting, it's best to keep quiet at this time.”
One of the most striking aspects of this controversy is that Markle’s team has yet to reach out to Kolski regarding the brand name overlap, further complicating the situation. The timing of her rebranding is also notable, coming just weeks before the launch of her upcoming Netflix show, With Love, Meghan, as well as a new range of lifestyle products.
This trademark conflict follows objections raised by Harry & David, a well-known gift company that owns the Royal Riviera brand. The company previously filed a complaint with the U.S. Trademark Office, arguing that Markle’s former brand name, American Riviera Orchard, could cause consumer confusion. Markle was given three months to clarify her branding strategy, highlighting previous oversights in her trademark filings.
As the legal questions surrounding As Ever continue to unfold, Kolski has received overwhelming support from his followers and customers. Taking to Instagram, he expressed gratitude for those rallying behind his brand.
"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," he posted. The message resonated with his loyal customers, many of whom have taken to social media to defend As Ever NYC as the original brand.
While Markle claims to have secured the As Ever name in 2022, public records indicate she only applied for the trademark in September 2024. Her team registered 2022 Trademarks LLC in Delaware before forming As Ever Enterprises LLC the following day. In contrast, Kolski’s As Ever LLC has been operating in New York since 2017 and consistently ranks as the top Google search result for the term.
These discrepancies in timing and registration raise significant concerns about the due diligence conducted by Markle’s team before announcing the rebrand.
As the situation develops, Kolski remains focused on safeguarding his brand and navigating the complexities of trademark law. Meanwhile, Meghan Markle’s representatives have declined to comment when contacted by GB News, leaving the future of both brands uncertain.
With legal action looming, this branding battle could become yet another high-profile controversy for the Duchess of Sussex as she moves forward with her latest business endeavor.
