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Meghan Markle | Source: Getty Images
Meghan Markle | Source: Getty Images

Meghan Markle, 43, Faces Legal Issues over Her Lifestyle Brand American Riviera Orchard — Details

Naomi Wanjala
Nov 05, 2024
04:45 A.M.

As Meghan Markle embarks on her latest entrepreneurial adventure with American Riviera Orchard, her aspirations are met with a twist. Trademark disputes are casting a shadow over her ambitious plans.

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Meghan Markle's lifestyle brand, American Riviera Orchard, has hit another roadblock on its path to launch. The Duchess of Sussex has faced ongoing trademark issues that have complicated her business ambitions.

Meghan Markle attends the 2024 Children's Hospital Los Angeles Gala on October 5, 2024, in Los Angeles, California. | Source: Getty Images

Meghan Markle attends the 2024 Children's Hospital Los Angeles Gala on October 5, 2024, in Los Angeles, California. | Source: Getty Images

On October 31, premium food retailer Harry & David filed a protest with the US Patent and Trademark Office (USPTO). The company argued that Meghan's brand name is too close to its own "Royal Riviera" trademark.

The rival company, known for its Oregon-grown pear gift baskets, cited a "likelihood of confusion" with its established product line. The protest has landed on the desk of Marco Wright, the examining attorney at the Trademark Office. This isn't the first challenge Meghan's brand has faced.

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Meghan Markle during a forum about digital responsibility at EAN University on August 15, 2024, in Bogota, Colombia. | Source: Getty Images

Meghan Markle during a forum about digital responsibility at EAN University on August 15, 2024, in Bogota, Colombia. | Source: Getty Images

In September, her initial application was denied, with the USPTO flagging issues around trademarking geographical names. According to documents, names tied to specific locations — such as "American Riviera" — can influence consumer perceptions. This can lead them to assume that the goods originate from those areas.

Meghan's Santa Barbara residence, notably known as the "American Riviera," only heightened the issue. It strengthened the public association of the brand with that region.

Meghan Markle during day 2 of the Invictus Games in The Hague, Netherlands on April 17, 2022 | Source: Getty Images

Meghan Markle during day 2 of the Invictus Games in The Hague, Netherlands on April 17, 2022 | Source: Getty Images

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Additionally, the USPTO pointed out that some product descriptions in Meghan's application, such as "cocktail napkins" and "cooking utensils," were too vague. This lack of specificity could apply to multiple categories, creating a hurdle for securing a trademark.

Under these conditions, the Duchess has three months to address the agency's "non-final officer action." If she wishes to continue with the application, Meghan will also need to pay an additional $700.

Meghan Markle speaks onstage during the 2024 SXSW Conference and Festival at Austin Convention Center on March 8, 2024, in Austin, Texas. | Source: Getty Images

Meghan Markle speaks onstage during the 2024 SXSW Conference and Festival at Austin Convention Center on March 8, 2024, in Austin, Texas. | Source: Getty Images

In response to the latest legal hurdles facing Meghan's lifestyle brand, her team remains unfazed. They're calling the trademark pushback from Harry & David "routine and expected." Sources have confirmed that Meghan's team is preparing to respond soon.

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Yet, the ongoing trademark battles may be pushing Meghan toward a new direction. Reports suggest she's considering a name change for her brand to avoid further clashes and keep the launch on track.

Meghan Markle at the "Suits" Season Five premiere in Los Angeles on January 21, 2016. | Source: Getty Images

Meghan Markle at the "Suits" Season Five premiere in Los Angeles on January 21, 2016. | Source: Getty Images

It's been eight months since Meghan first unveiled her business venture and fans are still waiting for a glimpse of what the Duchess has in store. The brand's website and Instagram page, which already has over 680,000 followers as of this writing, remain empty of any updates on what's coming.

Despite this quiet front, Meghan managed to generate buzz. She sent out jars of strawberry jam to a select circle of celebrity friends in April. Since then, the Duchess has been steadily stirring up excitement. She's been gifting celeb pals with custom dog biscuits and even hinting at a potential rosé wine line.

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Meghan Markle  during the Invictus Games Dusseldorf 2023 - One Year To Go launch event in Dusseldorf, Germany on September 6, 2022 | Source: Getty Images

Meghan Markle during the Invictus Games Dusseldorf 2023 - One Year To Go launch event in Dusseldorf, Germany on September 6, 2022 | Source: Getty Images

It is unclear whether American Riviera Orchard will overcome these trademark challenges, but the brand’s journey is already proving to be eventful. Earlier this year, in March, reports revealed the Duchess of Sussex had big plans for the brand. She was aiming for exclusive rights to sell a vast range of lifestyle products.

This includes cosmetics, home décor, pet accessories, and gardening gear. The application, filed with the U.S. Patent and Trademark Office on March 9 outlines an ambitious vision. It covers categories from skincare and scented oils to linens and small kitchen appliances.

Meghan, Duchess of Sussex attends the "Responsible Digital Future" forum at EAN University in Bogota, Colombia on August 15, 2024 | Source: Getty Images

Meghan, Duchess of Sussex attends the "Responsible Digital Future" forum at EAN University in Bogota, Colombia on August 15, 2024 | Source: Getty Images

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Her dive into the beauty world is detailed with items like body lotions, bath oils, and air fragrance diffusers. There is even mention of jewelry and live flower arrangements. Gardening essentials are also included, each reflecting the Duchess of Sussex's personal taste.

Meghan's brand isn't just about beauty and home décor; it also has a special focus on pets. The trademark application includes plans for pet shampoos, conditioners, and treats. This is fitting for the Duchess and Prince Harry, who are proud dog parents to Pula, Guy, and their rescue beagle, Mamma Mia.

Meghan, Duchess of Sussex attends the "Responsible Digital Future" forum at EAN University in Bogota, Colombia on August 15, 2024 | Source: Getty Images

Meghan, Duchess of Sussex attends the "Responsible Digital Future" forum at EAN University in Bogota, Colombia on August 15, 2024 | Source: Getty Images

The brand is also seeking permission to create pet leashes, feeding mats, and collars. This will result in a comprehensive lineup for furry friends. Additionally, the business plans to provide wine-carrying cases and bags. This offering references Meghan's previous lifestyle blog, The Tig, which was named after her favorite wine, Tignanello.

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Meghan launched The Tig while starring in "Suits," sharing her love for food, travel, and personal reflections. She closed the site in 2017 during her relationship with Prince Harry. However, its essence continues to inspire her new venture.

Prince Harry and Meghan Markle photographed during their Colombia tour on August 15, 2024. | Source: Getty Images

Prince Harry and Meghan Markle photographed during their Colombia tour on August 15, 2024. | Source: Getty Images

On March 9, Meghan Markle submitted a second application for the American Riviera Orchard trademark. In her submission, she presented a comprehensive vision. The list includes various products such as gardening shears, string lights, and more. The trademark also covers items such as photo albums, paper decorations, wrapping paper, and more.

It also features incense burners, exfoliating brushes, and cosmetic tools. This broad range shows Meghan's intention to create a lifestyle brand that encompasses many aspects of daily life.

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Meghan Markle during her and Prince Harry's Nigerian tour in Abuja, Nigeria on May 11, 2024 | Source: Getty Images

Meghan Markle during her and Prince Harry's Nigerian tour in Abuja, Nigeria on May 11, 2024 | Source: Getty Images

The term "American Riviera" has been linked to the California coast for over a century. Meghan has incorporated their neighborhood, Montecito, into the brand logo.

At the time, a source revealed that the Duchess was "excited" about the new venture and its upcoming website. According to the insider, the name feels authentic to her and perfectly reflects her interests. "This brand will reflect everything that she loves — family, cooking, entertaining and home décor,” the source added.

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