Big-name trademark battles are making headlines and serving as a warning for businesses of all sizes. The U.S. Patent and Trademark Office (USPTO) partially rejected Meghan Markle’s attempt at trademarking the name American Riviera Orchard for her new lifestyle brand because companies cannot trademark geographical locations. Markle ultimately abandoned the application.
Markle’s new Netflix-backed brand and show, As Ever, hit another legal snag when the USPTO issued a partial denial of her trademark application, stating she could not sell clothing under the brand name due to its similarity to Chinese clothing company ASEVER. Additionally, Mark Kolski, the owner of a small New York-based clothing retailer which has operated under the As Ever name since 2017, had to issue a statement on the brand’s website disclaiming any affiliation with Markle’s latest branding debacle under the same name.
Meanwhile, Pepperdine University filed suit against Netflix, alleging that the branding of Netflix’s new show, Running Point, is too similar to the school’s identity, which will lead to confusion and reputational damage for the Christian university, though the judge denied Pepperdine’s attempts to block the show’s release under that name.
These cases highlight a crucial but often overlooked trademark issue: the failure to vet and protect your brand correctly can lead to expensive – and often unnecessary – legal battles, forced rebrands, and reputational damage.
High-Profile Trademark Cases Offer a Cautionary Tale
These two recent and widely publicized trademark disputes highlight the importance of conducting thorough research before launching a brand.
- The ‘As Ever’ Trademark Battle—Despite not owning a registered trademark, Mark Kolski, founder of New York vintage clothing studio As Ever NYC, expressed frustration about the name overlap but stated that he lacked the resources to fight Markle and Netflix.
Further hindering Kolski’s case is the fact that he did not register the trademark for his As Ever brand. Although common law trademark rights and protections are available to Kolski, the best protection would have been to secure federal trademark registration.
This situation underscores the importance of due diligence for both parties—Kolski’s business lacked the protection of a federally registered trademark, and Markle’s team either failed to conduct thorough research or chose to ignore the potential disruption to an existing small business.
- Pepperdine University vs. Netflix—In a lawsuit filed on Feb. 20, 2025, Pepperdine sued Netflix over the use of its branding in the series Running Point. The suit alleges that the show’s fictional basketball team – the Los Angeles Waves – share the exact same Waves name, use strikingly similar branding, have the exact same color combinations, and promote the player number of Pepperdine’s well-known mascot and year of the university’s founding, and are in the same city, along with several other similarities.
In seeking a temporary restraining order attempting to bar the release of the show (which was denied), the lawsuit goes on to claim that the unauthorized use of the name will cause ‘irreparable harm’ to the university’s reputation because the “risqué, inappropriate and illegal behavior” depicted in the series is in opposition “to the values and Christian morals that have built Pepperdine’s reputation in the community and nationwide.”
This case demonstrates that trademark disputes aren’t just about business names—logos, colors, and branding elements all play crucial roles in protecting an organization’s identity. Keep in mind the key tips below to help ensure that whoever is running point on your company’s branding helps you avoid the same fate
The Risks of Ignoring Trademark Protection
- Consumer Confusion—If another party uses the same name or logo, it can lead to consumer confusion, which may hurt sales and diminish brand value.
- Costly Rebranding—If you receive a cease-and-desist letter for trademark infringement, you may be forced to rename your business, change your logo, and overhaul your marketing materials. This process is expensive and time-consuming and can significantly damage your business.
