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British perfumer Jo Malone is currently facing legal action from Estée Lauder Companies over the use of her name in a collaboration with the retail giant Zara. Estée Lauder acquired Malone’s original perfume brand, Jo Malone London, along with the rights to her name, back in 1999. Despite the Zara partnership being connected to Malone’s newer venture, Jo Loves, Estée Lauder flags the use of her name on product packaging as a breach of their agreement.
The packaging prominently featured the phrase “A creation by Jo Malone CBE, founder of Jo Loves,” which Estée Lauder claims infringes on their trademark and violates contractual terms. The lawsuit names Jo Malone personally, alongside her company Jo Loves and Zara’s UK division, accusing all parties of trademark infringement and breach of contract. While the BBC has sought a statement from Malone, Zara UK has opted not to comment on the matter.
This collaboration between Jo Loves and Zara has been ongoing since 2019. Malone has previously expressed regret over the sale of her name’s commercial rights, which were explicitly restricted under the 1999 agreement. The contract bars her from using “Jo Malone” for commercial purposes, including perfume marketing. Estée Lauder is also pursuing claims relating to passing off, arguing that consumers may be misled into believing the new products originate from their brand.
Founded in the early 1990s, Jo Malone’s original fragrance line became well-known for its unique scents inspired by British nature and blossoms, eventually expanding into scented candles and bath products. Estée Lauder’s spokesperson emphasized that Malone agreed to clear contractual restrictions when selling the brand and was compensated accordingly. The spokesperson added, “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.” Legal experts have noted similarities to past disputes where designers lost commercial use of their own names after selling their businesses, highlighting that the specifics of the original contract will be key to the case’s outcome
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