As Ever has not yet been successfully trademarked by the Duchess. Photo / Getty Images
As Ever has not yet been successfully trademarked by the Duchess. Photo / Getty Images
A New York-based family clothing business has received “outpouring of concern” since Megan, Duchess of Sussex’s rebrand announcement.
Meghan’s relaunched lifestyle venture has become embroiled in an row with a clothing brand of the same name.
The founder of the New York-based “family” clothing business As Ever posted on social media following the Duchess’ rebrand announcement on Tuesday.
Mark Kolski, its founder, vowed to “continue As Ever” amid what he referred to as “recent events around our namesake brand”.
He confirmed the clothing company, which he started in 2015, was “not affiliated” with the Duchess’ relaunch of her lifestyle business American Riviera Orchard (ARO), which she founded last year but was forced to rename following a copyright issue.
Kolski explained that his venture began when he reworked vintage military clothing for Astrid Dahl, his wife, as a “side hobby”.
The company’s Instagram highlighted stories posted by supporters of the brand. Photo / @_lowlowlife_
Acknowledging the “outpouring of concern” he has received since the Duchess’s brand was announced, he said: “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.
“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.”
The company’s Instagram highlighted stories posted by supporters of the brand, including one that says “the one and only As Ever” and another stating that it is “the real As Ever”.
Another repost included a picture of shoes with the caption “just a royally scandalous run-of-the-mill Tuesday”.
The Duchess’ name and recently announced partnership with Netflix comes after ARO had its trademark application refused a few months after its launch.
Trademark filings for the Duchess’ new As Ever line include “edible flower petals”, cocktail mixes and services “in the nature of provision of food and drink” or “temporary accommodation” – suggesting she may branch out into hospitality.
She claimed the brand was a return to her lifestyle blogging days, explaining: “As Ever essentially means as it’s always been, and if you’ve followed me since 2014 with The Tig, you know I’ve always loved cooking and crafting and gardening – this is what I do.
“And I haven’t been able to share it with you in the same way for the past few years, but now I can – so, as things are starting to trickle out there, I wanted you to hear it from me first.”
It comes two weeks before the launch of With Love, Meghan, her lifestyle show with the streaming giant that was postponed in January because of the Los Angeles fires.
However, As Ever has not yet been successfully trademarked by the Duchess, with the application showing as “accepted” on the US office but “not yet assigned to an examiner”.
Piers Strickland, a partner at Waterfront law and intellectual property expert, told The Telegraph the new name is “much less likely to run into problems than their previous one [ARO]”.
He added: “They’ve probably thought about this very carefully. They’ve chosen a mark which I can see is not common on the register already, so that means it’s less likely to be challenged.”
A successful trademark application would also protect As Ever-branded bird seed, matchboxes and meditation blankets.
The Duchess founded the lifestyle venture last year by distributing 50 jars of branded strawberry jam to her celebrity friends, including Kris Jenner and Chrissy Teigen.
The Duchess confirmed she would again be selling fruit preserves as part of her new brand, joking: “I think we’re all clear at this point that jam is my jam.”
Representatives for the Duchess of Sussex and the clothing company As Ever have been contacted for comment.
