British perfumer Jo Malone is currently embroiled in a legal dispute with Estée Lauder Companies. The U.S. cosmetics conglomerate has filed a lawsuit against Malone for utilizing her own name in a recent collaboration with the high-street retailer Zara.
The origin of this conflict traces back to 1999 when Estée Lauder Companies acquired Malone’s well-known perfume brand, Jo Malone London. This acquisition included the rights to her personal name for commercial ventures.
While the collaboration in question was with Malone’s newer venture, Jo Loves, Estée Lauder Companies raised objections specifically to the use of Jo Malone’s name on the product packaging. The packaging featured the phrase: “A creation by Jo Malone CBE, founder of Jo Loves.”
Estée Lauder Companies has initiated legal action against Jo Malone personally, her brand Jo Loves, and the United Kingdom branch of Zara. The lawsuit asserts claims of trademark infringement and breach of contract. The BBC has reached out to Jo Malone for a statement, and Zara UK has declined to comment on the matter.
The Zara x Jo Loves collaboration reportedly began in 2019. Jo Malone has, in the past, expressed regret over relinquishing the commercial rights to her name.
According to the terms established in the 1999 agreement, Malone had committed to not using the “Jo Malone” name for any commercial purposes, a stipulation that explicitly covered the marketing of fragrances.
As initially reported by the Financial Times, Estée Lauder Companies is also pursuing legal recourse on the grounds of “passing off.” This legal principle addresses situations where consumers are deceived into believing a product originates from a different company than it actually does.
Jo Malone’s original fragrance business, established in the early 1990s, gained recognition for its distinctive scents. These fragrances were notably inspired by British nature and blossoms, forming the basis for their ingredients. The brand’s expansion also extended to include scented candles and bath products.
A representative for Estée Lauder Companies articulated their position, stating that when Malone sold her brand, “she agreed to clear contractual terms that included refraining from using the Jo Malone name in certain commercial contexts, including the marketing of fragrances.” The spokesperson further elaborated, “She was compensated as part of this agreement, and for many years, she abided by its terms. We respect Ms Malone’s right to pursue new opportunities. But legally binding contractual obligations cannot be disregarded, and when those terms are breached, we will protect the brand that we have invested in and built over decades.”