[E-trademarks] Another NYT Article about Trademarks

[Jaclyn Ionin]

I was actually called by Inside Edition to comment on this for their
broadcast last week (anyone else? I was too slow to respond, so didn't end
up filming).

Meghan has had an ITU app for the "AS EVER" name since October 2022 in 23
classes, none of those being 25. Her application does cover 35, but not for
retail services for clothing. She has since filed 4 additional applications
for the name which seem to be focused on food, beverage, and gardening and
related goods/services. Of course there is always an opportunity to argue
that the goods/services are related enough (and with what examiners deem
related these days, this certainly isn't that much of a stretch) but it's
definitely not a direct overlap. So it may be a bit harsh to say this was
done without proper diligence.

The logo is a separate issue, but 1) it's probably not close enough to
support a copyright claim; 2) is she even using it in Spain? Her
International apps do not list Spain as a designation; and 3) is a coat of
arms a commercial use anyway...? Idk.. feels like publications just want
these IP stories to be more scandalous than they are and will go with the
headline that sells rather than one supported by actual legal arguments.

<https://www.ioninlaw.com/>

JACLYN IONIN, ESQ.
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On Mon, Feb 24, 2025 at 1:52 PM Jeremy Green Eche via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I just saw this article as well about the mayor of a town on Majorca,
> Spain threatening to sue Markle:
> https://www.standard.co.uk/news/uk/meghan-markle-legal-action-logo-as-ever-majorca-plagiarism-b1212011.html
>
>
> So both her name and logo seem to be infringing on different marks. I
> don't wish her any ill will, but it's nice to have such a public example of
> why you should do the proper diligence when you decide to launch a brand.
>
> And keep in mind that she already had to scuttle her previous brand name,
> American Riviera Orchard. It was simply the nickname for Santa Barbara,
> California and thus geographically descriptive, plus it was arguably
> confusingly similar to Royal Riviera. I checked and confirmed that it
> received a geographic descriptiveness refusal at the USPTO and then Royal
> Riviera filed a letter of protest based on their existing registrations.
>
> —
>
> Jeremy
>
> Jeremy Peter Green Eche
> Founder and Managing Attorney, JPG Legal
>
> Office: (917) 268-7054 | Direct: (917) 310-2207‬
>
> www.jpglegal.com
> 254 36th St, Suite B541
> Brooklyn, NY 11232
>
>
> On Sun, Feb 23, 2025 at 10:41 PM Sharon Rubin via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
>> Meghan’s New Name? He’s Been Using It for Years.
>> https://www.nytimes.com/2025/02/21/style/meghan-markle-as-ever-brand-name-controversy.html?unlocked_article_code=1.zU4.4rtT.gtMHvjTwRbQ2
>> --
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