The Duke and Duchess of Sussex and Family, News and Events 10: August 2024 -

[Toledo]

So my understanding is that the information is not ‘secret’ just not in the public domain.

Here's the BEST source on tax donations in the USA
Charitable contribution deductions and Private foundations like Archwell

From the second link, I find a bit of a conflict and confusion on # 2 and 3 with how they set up Archwell to be non-profit and another part for profit.

In addition, there are several restrictions and requirements on private foundations, including:

1. restrictions on self-dealing between private foundations and their substantial contributors and other disqualified persons;
2. requirements that the foundation annually distribute income for charitable purposes;
3. limits on their holdings in private businesses;
4. provisions that investments must not jeopardize the carrying out of exempt purposes; and
5. provisions to assure that expenditures further exempt purposes.

 

[Kaye1850]

Yes, I too have read that he made an appearance at the funeral of Robert Fellowes. But we don't really know what goes on behind closed doors. We have no idea what his relationship with the Spencer's is really like, and how it may have evolved in time. We don't quite know why Charles Spencer was not at the christening for Archie.

No, we know next to nothing about what happens with the Spencers, behind the closed doors of Althorp. If it is true, as reported, that the Earl did not attend his own daughter’s wedding, I wouldn’t think it surprising that he skipped his great -nephew’s christening, or at least, was unavailable for the photo.

 

[HRHHermione]

More info about Harry’s recent trip to the UK. The writer is Simon Perry, who accompanied Harry and Meghan on their Nigeria trip.

Prince Harry Stayed at Althorp, Princess Diana's Childhood Home, During Recent U.K. Visit (Exclusive)

Prince Harry made a poignant visit Althorp House, the ancestral home of his late mother, Princess Diana, during his recent trip to the U.K. for his late uncle's memorial service, PEOPLE has learned

people.com

 

[Curryong]

Harry may have stayed there before in his young and single days, but it’s good that he visited Althorp near the date of his mother’s death. He and the Spencers are close.

 

[Alison H]

Yes, I too have read that he made an appearance at the funeral of Robert Fellowes. But we don't really know what goes on behind closed doors. We have no idea what his relationship with the Spencer's is really like, and how it may have evolved in time. We don't quite know why Charles Spencer was not at the christening for Archie.

Charles Spencer didn't go to his own daughter's wedding! I'm not sure what goes on with him.

 

[FigTree]

Charles Spencer didn't go to his own daughter's wedding! I'm not sure what goes on with him.

Daughters. Two are married. Neither did his children with Caroline Freud or any of the Spencer family. Something of a family issue there with his older 3 daughters. Gets on with that son and apparently his other children.

 

[Hallo girl]

They maybe never received an invitation.

 

[Hallo girl]

It would appear the British press did not breach the request for privacy unlike ‘ sources ‘.

 

[Ghost]

Another setback for Meghan’s business.

Meghan Markle's American Riviera Orchard suffers another MAJOR blow

The Duchess of Sussex 's attempt to trademark her small-batch jams and other household goods has landed her in another sticky situation with the US Patent and Trademark Office (USPTO).

www.dailymail.co.uk

 

[Katymcwaity]

Geez, that jam is gonna be mouldy before this business gets off the ground!

 

[muriel]

Another setback for Meghan’s business.

Meghan Markle's American Riviera Orchard suffers another MAJOR blow

The Duchess of Sussex 's attempt to trademark her small-batch jams and other household goods has landed her in another sticky situation with the US Patent and Trademark Office (USPTO).

www.dailymail.co.uk

This business has really not been thought through, has it? No CEO, an issue with the intellectual property, no real products. Not quite sure what the hurry to launch the brand was, unless it was just a need to get some publicity, and to shoot oneself in the foot in the process.

 

[Royalist.in.NC]

Another setback for Meghan’s business.

Meghan Markle's American Riviera Orchard suffers another MAJOR blow

The Duchess of Sussex 's attempt to trademark her small-batch jams and other household goods has landed her in another sticky situation with the US Patent and Trademark Office (USPTO).

www.dailymail.co.uk

Doesn’t she have lawyers who check out this sort of thing in advance of filing? There is already someone using “American Riviera” and you can’t trademark places or nicknames of places? Are these lawyers from amateur hour?
Obviously, Meghan does not have the business background to launch a real business - either she’s not listening to her advisors or there aren’t any advisors because they have quit…….. or both.

 

[tommy100]

Its concerning how amateur it all seems. I’d expect someone with their resources- a staff, the ability to hire experts etc, not to fall foul of what seem like pretty basic first steps. I’d assume any expert in the field would have take one look at the name and dismissed it as not meeting the criteria. I’m amazed the brand was launched without something so basic being nailed down.

 

[Somebody]

So, the main problem is that businesses are not allowed to trademark geographic locations - and the name is considered to be 'primarily geographic descriptive'; and in addition, initially, she didn't sign the (right) paperwork, didn't pay the international registration fee of $11,382, and there seem to be some issues with the categories she requested the trademark for.

While the Sussex office tries to downplay stating that some back and forth is normal, their previous trademark attempt for the Archewell podcast didn't end up well either.

 

[Prinsara]

Otoh, "vague descriptions" would probably be quintessentially Meghan.

 

[Toledo]

Another setback for Meghan’s business.

Meghan Markle's American Riviera Orchard suffers another MAJOR blow

The Duchess of Sussex 's attempt to trademark her small-batch jams and other household goods has landed her in another sticky situation with the US Patent and Trademark Office (USPTO).

www.dailymail.co.uk

As I'm reading:

"On August 31 the Patent Office denied her application, saying that businesses are not allowed to trademark geographic locations, including the nickname of the coastline around the Sussexes' Santa Barbara, California, home: 'the American Riviera'
...The refusal also included a slew of problems with her filing – including her apparent failure to sign the correct documents..."

I'm now coming to terms Meghan's biggest enemy is her inability to find staff that can advise her correctly on all legal matters AND her inability to listen to advice when she is told 'no, it doesn't work that way' by the staff that used to work for her.

Also, I've never heard any place in California referred to as the American Riviera, the patent's office should had let her go with it as a fictional place name!

 

[Magnolia471]

As I'm reading:

"On August 31 the Patent Office denied her application, saying that businesses are not allowed to trademark geographic locations, including the nickname of the coastline around the Sussexes' Santa Barbara, California, home: 'the American Riviera'
...The refusal also included a slew of problems with her filing – including her apparent failure to sign the correct documents..."

I'm now coming to terms Meghan's biggest enemy is her inability to find staff that can advise her correctly on all legal matters AND her inability to listen to advice when she is told 'no, it doesn't work that way' by the staff that used to work for her.

Also, I've never heard any place in California referred to as the American Riviera, the patent's office should had let her go with it as a fictional place name!

Her greatest inability is that: she overestimates herself and thinks she is better than everyone. Several staff members who left complained that their advices were not being listened to.

 

[TLLK]

As I'm reading:

"On August 31 the Patent Office denied her application, saying that businesses are not allowed to trademark geographic locations, including the nickname of the coastline around the Sussexes' Santa Barbara, California, home: 'the American Riviera'
...The refusal also included a slew of problems with her filing – including her apparent failure to sign the correct documents..."

I'm now coming to terms Meghan's biggest enemy is her inability to find staff that can advise her correctly on all legal matters AND her inability to listen to advice when she is told 'no, it doesn't work that way' by the staff that used to work for her.

Also, I've never heard any place in California referred to as the American Riviera, the patent's office should had let her go with it as a fictional place name!

I'm a lifelong California resident and had never heard of any location in the state being referred to as "American Riviera." (Though I understand it was reportedly used as in a real estate campaign about 100 years ago.) It's a phrase that could describe so many communities from La Jolla to Palos Verdes to Pacific Palisades and beyond.

I am concerned that it will be many more months before she can release any of her products for sale.

 

[Somebody]

Also, I've never heard any place in California referred to as the American Riviera, the patent's office should had let her go with it as a fictional place name!

I'm a lifelong California resident and had never heard of any location in the state being referred to as "American Riviera." (Though I understand it was reportedly used as in a real estate campaign about 100 years ago.) It's a phrase that could describe so many communities from La Jolla to Palos Verdes to Pacific Palisades and beyond.

I am concerned that it will be many more months before she can release any of her products for sale.

A Google search resulted in multiple sources (prior to Meghan going public with the name) referring to the area around Santa Barbara as such. So, it seems Santa Barbara has been marketing itself this way for quite some time now.

Some examples:
Santa Barbara: Santa Barbara, CA | Hotels, Restaurants, Events & Activities
Wikipedia: Santa Barbara, California - Wikipedia
Travel & Leisure: This City on California’s Central Coast Is Known as the American Riviera
Never stop traveling: Santa Barbara, the American Riviera
The Green Voyage: Santa Barbara - A Road Trip Through the American Riviera

 

[HenRach Dominion]

Eh, you can’t fail a business you never start.

 

[HRHHermione]

A Google search resulted in multiple sources (prior to Meghan going public with the name) referring to the area around Santa Barbara as such. So, it seems Santa Barbara has been marketing itself this way for quite some time now.

Some examples:
Santa Barbara: Santa Barbara, CA | Hotels, Restaurants, Events & Activities
Wikipedia: Santa Barbara, California - Wikipedia
Travel & Leisure: This City on California’s Central Coast Is Known as the American Riviera
Never stop traveling: Santa Barbara, the American Riviera
The Green Voyage: Santa Barbara - A Road Trip Through the American Riviera

And this is generally why place names can’t be trademarked- it’s unfair to other businesses in the area who may be prevented from advertising their location if they have a product that competes.

I think Meghan rushed to publicize this business to take advantage of the news cycle when it was focused on why Catherine was “missing,” but before we knew it was for a sad and serious reason. I think that decision has backfired spectacularly because the business wasn’t even close to ready to launch.

 

[GondorHasNoPants]

It will be interesting to watch what happens with the American Riviera Orchard name - if she is actually able to proceed with using it as planned, or if registration and patent issues force her to choose another name.

It's honestly amazing to me that anyone would announce the launch of a named brand and a product line before they had done all the 'crossing t's and dotting i's' paperwork. Either they don't have advisors, they don't listen to advisors, or their advisors are incompetent.

If we ever see any actual jars of jam for sale beyond the 50 that were handed out as opening publicity, I will be extremely surprised.

 

[muriel]

I think Meghan rushed to publicize this business to take advantage of the news cycle when it was focused on why Catherine was “missing,” but before we knew it was for a sad and serious reason. I think that decision has backfired spectacularly because the business wasn’t even close to ready to launch.

You may be right. The brand was probably rushed out to take advantage of the news cycle, without fully developing the business plan, finding the management team to build and execute the plan and securing the intellectual property for the brand. And that surely must be the perfect recipe for failure.

 

[muriel]

Eh, you can’t fail a business you never start.

Quite right. Just like the podcasts by Meghan on Lemonada can never be criticised, as they never did recorded, or worse, were recorded but not aired!

 

[Ghost]

Eh, you can’t fail a business you never start.

Which can be the real target: to fail the business so as to write off some money. Or it can be interpreted like that.

 

[muriel]

Which can be the real target: to fail the business so as to write off some money. Or it can be interpreted like that.

Perhaps the focus will be on philanthropy and social entrepreneurship now, as they can't seem to succeed in commercial ventures that don't involve speaking ill of the BRF.

 

[Toledo]

All this got me curious since we have trademarked a couple of business names ourselves in the USA, related to books and publishing. One was too similar to an existing name, and, after almost 2 years of waiting, we got rejected on the basis a few categories look similar. The new name combination, 3 words just like Meghan's American Riviera Orchard, we paid for the trademark was after an extensive search online to find a match. We didn't and we proceeded with the application.

I have the feeling Meghan, and her advisors, rushed into the 3-word name either without taking the time to do research or just ignoring the warnings you get from the USA official trademark office that tell you, point blank, these are the rules, and these are all similar active and expired names on official records. Yes, when you search a name, the website gives you feedback on what not to do, proceed at your own risk and she probably did.

[.....]

Here are the rules on the discussion why, in the USA, places can't be added to a trademark request:

Geographic trademarks may or may not be permissible depending on a number of considerations
"Section 2(e)(2) of the Trademark Act, 15 U.S.C. §1052(e)(2) explicitly prohibits the registration of trademarks on the Principal Register if the trademark is “primarily geographically descriptive” of the goods or services specified in the trademark application.:

And the why behind it: basically, calling Meghan's business name America Riviera ___ was a bit deceptive. As in, are the grapes used from the specific geographical area or brought from outside and just packed in California. Are they even going to be packaged in the American Orchard Riviera of hers?

Here's more info from that link:
"...The idea here is simple; marks CANNOT fundamentally misinform the consumer about the what it is that is being sold under the mark. If the mark is “deceptive” in this way, it is non-trademarkable. How does this apply to Geographic Trademarks? The test for determining if a prospective mark is Primarily Geographically Deceptively Misdescriptive is satisfied when the following three factors are met:

(1) the primary significance of the mark is a generally known geographic location (see TMEP §§1210.02–1210.02(b)(iv));

(2) the goods or services do not originate in the place identified in the mark (see TMEP §1210.03);

(3) purchasers would be likely to believe that the goods or services originate in the geographic place identified in the mark (see TMEP §§1210.04–1210.04(d)). Note: If the mark is remote or obscure, the public is unlikely to make a goods/place or services/place association (see TMEP §1210.04(c)); and

(4) the misrepresentation is a material factor in a significant portion of the relevant consumer’s decision to buy the goods or use the services (see TMEP §§1210.05(c)–(c)(ii))."

​

Bonus info about the UK:
Can a geographical name be used as a trademark?
"...It was held that the purpose of Article 3 (1)(C) of Council Directive 89/140 was to ensure that geographical place names remained available and free for all to use because positive association between a place name and a mark may potentially influence a consumer. This Article therefore excludes registration of geographical names which identify places currently associated with a particular good but also prevents registration where the names were likely to be used by companies in the future as an indication of geographical origin."


In summary, what I see for the reason Meghan's trademark was rejected was basically one word, misrepresentation. And not doing the research, either herself or her team at the time before they all quit and ran away from the American Riviera they didn't know even existed.

Better luck next time, BRW, it took me minutes to find all the above that comes as close as possible to explain the problem she encountered, and I'm not even a trademark lawyer. Whoever she paid for this owes her an apology for not fighting against her temperament to make her understand trademark rules are enforced for a reason.

 

[muriel]

I have the feeling Meghan, and her advisors, rushed into the 3-word name either without taking the time to do research or just ignoring the warnings you get from the USA official trademark office that tell you, point blank, these are the rules, and these are all similar active and expired names on official records.

I could not agree more. In my view, unfortunately, this is the classic Sussex modus operandi:

- Get an idea, possibly a good one
- Do not think through the full implications or develop the thought fully or get a detailed business plan developed
- Don't worry about how the execution might work
- You do not need to staff it properly, with people with the right domain expertise (eg, the lack of a CEO for ARO at the point of brand launch, and since then!)
- Get some advice, if necessary, but ignore it. H&M know best!
- Timing is of the essence. Launch, in haste. And watch it sink at leisure!

This applies not just to ARO, but to pretty much everything: Lemonada, Spotify (very poor execution), Netflix.

In fact, the very same could be said of their exit from the BRF and their pursuit of the American dream. If only they had thought it through properly and developed a plan with the blessing of QE2 and Charles, things would have worked out very differently. Instead, the tried to wrong foot BP by announcing on Instagram without the blessing of QE2, and paid the price.

 

[moby]

I could not agree more. In my view, unfortunately, this is the classic Sussex modus operandi:

- Get an idea, possibly a good one
- Do not think through the full implications or develop the thought fully or get a detailed business plan developed
- Don't worry about how the execution might work
- You do not need to staff it properly, with people with the right domain expertise (eg, the lack of a CEO for ARO at the point of brand launch, and since then!)
- Get some advice, if necessary, but ignore it. H&M know best!
- Timing is of the essence. Launch, in haste. And watch it sink at leisure!

This applies not just to ARO, but to pretty much everything: Lemonada, Spotify (very poor execution), Netflix.

In fact, the very same could be said of their exit from the BRF and their pursuit of the American dream. If only they had thought it through properly and developed a plan with the blessing of QE2 and Charles, things would have worked out very differently. Instead, the tried to wrong foot BP by announcing on Instagram without the blessing of QE2, and paid the price.

You forgot the second step after thinking up the name: Come up with the calligraphy and logo for the brand name, and the stationery!

 

[muriel]

You forgot the second step after thinking up the name: Come up with the calligraphy and logo for the brand name, and the stationery!

Quite right!