Estée Lauder Companies is pursuing legal action against Jo Malone, the British perfumer, her fragrance brand Jo Loves, and Zara UK, alleging trademark infringement, passing off, and breach of contract, according to filings made with the UK High Court on Thursday.
The lawsuit centers on the employ of Jo Malone’s name in a collaboration between Jo Loves and Zara, which began in 2019 with the launch of the Emotions Collection. Estée Lauder contends that packaging for the Zara fragrances, specifically the phrase “A creation by Jo Malone CBE, founder of Jo Loves,” violates the terms of a 1999 agreement.
That 1999 agreement stemmed from Estée Lauder’s acquisition of Jo Malone’s original perfume brand, Jo Malone London, including the rights to the “Jo Malone” name. As part of the sale, Malone agreed to refrain from using her name commercially, particularly in the marketing of fragrances, and was compensated for this restriction. She remained as Creative Director for the brand until 2006.
While Malone launched a novel fragrance brand, Jo Loves, in 2011 after a non-compete clause expired, Estée Lauder argues that the Zara collaboration oversteps the boundaries established in the original contract. “Ms Malone’s use of the name ‘Jo Malone’ in connection with recent commercial ventures goes beyond that legal agreement and undermines Jo Malone London’s unique brand equity,” a spokesperson for Estée Lauder stated. The company maintains it respects Malone’s right to pursue new ventures but insists that contractual obligations must be upheld.
The legal action similarly includes a claim of “passing off,” a legal concept used to prevent consumers from being misled into believing a product originates from a different company. Estée Lauder alleges that the use of Malone’s name could lead customers to believe the Zara fragrances are affiliated with or endorsed by Jo Malone London.
Malone has previously expressed regret over selling the rights to her name, describing it as the “biggest mistake of my life” in multiple interviews. The current dispute highlights the complexities of brand ownership and the enduring value of a founder’s name in the fragrance industry.
Zara UK declined to comment on the lawsuit. Jo Malone has yet to publicly respond to the legal action. The case is proceeding in the UK High Court, with no immediate court date announced.
