U.S. cosmetics group Estée Lauder Companies has filed a lawsuit against British perfumer Jo Malone, accusing her of breaching contractual obligations and trademark rights after her name appeared in a collaboration with fashion retailer Zara, according to Financial Times.
The dispute concerns the use of the name “Jo Malone” on packaging for a fragrance collection released last year as part of a partnership between Zara and Jo Loves. The products include the phrase “A creation by Jo Malone CBE, founder of Jo Loves”.
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Contractual restrictions
In 1999, Jo Malone sold the brand Jo Malone London and the rights to her name to Estée Lauder. As part of the agreement, she accepted contractual restrictions limiting the commercial use of the name “Jo Malone” in connection with fragrances.
According to Estée Lauder, the use of the name on the Zara collaboration products violates those contractual terms and could mislead consumers about the origin of the products.
The company argues that the situation constitutes both trademark infringement and “passing off”, a concept in UK law referring to cases where consumers may be misled into believing a product is associated with a different company.
A new fragrance brand
After a non-compete clause expired in 2011, Jo Malone launched a new fragrance brand, Jo Loves, continuing her work in the perfume industry.
In previous interviews, Malone has said she regrets selling the rights to her name, describing the decision as “the biggest mistake of my life”.
A spokesperson for Estée Lauder Companies told Financial Times that when the brand was sold in 1999, Malone “agreed to clear contractual terms, including restrictions on using the name Jo Malone in certain commercial contexts”.
The company also emphasized that it has invested significantly in developing the brand over the past 25 years, expanding it internationally.
Photo: ESG Today
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