A string of intellectual property missteps has led Megan Markle’s brand facing multiple threats of litigation and may have tarnished her brand’s budding reputation. Beyond Corporate’s Georgia Hargreaves highlights the risks of reputational damage that can occur through poorly planned work and what may happen when brands’ due diligence falls short.
‘American Riviera Orchard’
Markle had originally planned to name her brand after the Californian region in which her and Harry currently reside, and attempted to file a trade mark for the name ‘American Riviera Orchard’. The application was subsequently rejected, as officials held that she could not claim a trade mark over a widely used, geographical location, specifically because Markle had filed the name in classes covering food stuffs. Officials argued that the name would allude to the fact that the goods had been manufactured in that region, ultimately misleading customers, and the application faced objections on this basis.
‘As Ever’
Following trade mark issues with the previous name, Markle has attempted to rebrand to ‘As Ever’, with an aim to provide a more refined identity for the brand.
However, the rebrand name has come under fire for the risks of being confused with independent New York brand ‘As Ever NYC’. Mark Kolski, the owner of ‘As Ever NYC’, has reportedly been seeking legal advice as to how he can protect his brand and goodwill. While Markle’s application does not cover clothing, the marketing for the two brands is noticeably similar and arguably, could be considered to cause confusion amongst customers.
Social media has (as expected) evidently caused reputational damage to Markle’s new brand, and on the flip, side has led to a flurry of revenue for ‘As Ever NYC’, as the public has been quick to defend a small, independent business.
Logo Controversy
Markle’s brand planned to use a logo with a palm tree and two hummingbirds, which resembles the coat of arms of the Mallorcan town, Porreres. The Mayor of the town called it a “total copy” but said the town won’t pursue legal action due to lack of funds. This dispute may have still harmed Markle’s brand reputation and, equally, may have helped put Porreres on the map!
Whilst this is primarily a US-based issue, the reality of the situation would not be a million miles away if these issues had cropped up in the UK. Ultimately, the failings by Markle’s team to carry out proper due diligence regarding intellectual property law has led to negative media coverage and serious reputational damage. In the high-stakes world of branding, a little foresight can save a whole lot of reputational damage and hassle, here are some takeaways to ensure that your brand does not meet a similar fate:
- Take legal advice when looking to file an application to safely navigate the complexities of intellectual property law and avoid costly missteps.
- Carry out thorough and proper searches in the market in which you intend to operate, noting any brand trading under similar names.
- Take care when using geographical names, this may mislead customers and create unnecessary legal hurdles.
- Monitor competitors and the market more generally.
Despite the appearing as an accomplished lawyer in the hit legal-drama show, Suits, it hasn’t provided her with the necessary IP skills to overcome these hurdles!
