The Estée Lauder Companies (ELC) has launched legal action against perfumer Jo Malone, her fragrance brand Jo Loves, and fashion retailer Zara UK over alleged trademark infringement, passing off, and breach of contract.
It is understood that the legal proceedings are said to be centred on the use of the words ‘A creation by Jo Malone CBE, founder of Jo Loves’, which feature on the packaging for a Zara perfume.
The Jo Malone perfume brand was founded in 1990 by Malone, who sold the business to ELC in 1999 – with the brand name changing to Jo Malone London shortly after.
Malone remained as a Creative Director for the company until 2006, but had signed a contract at the time of the sale of the business that restricted her from using the ‘Jo Malone’ name in a commercial capacity.
The British perfumer went on to create the perfume brand Jo Loves in 2011, and partnered with Zara in 2019 to create fragrances for the Spanish fashion chain, debuting with the Emotions Collection.
Claims for trademark infringement and passing off (a common law tort used to protect unregistered trademarks), as well as breach of contract, have been filed with the UK High Court, an ELC spokesperson confirmed to Cosmetics Business in an email.
The spokesperson for ELC said: “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.
“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.”
The spokesperson continued: “When Ms Jo Malone sold the brand to ELC in 1999, she agreed to clear contractual terms that included refraining from using the Jo Malone name in certain commercial contexts, including the marketing of fragrances.
“She was compensated as part of this agreement, and for many years, she abided by its terms.”
Cosmetics Business has contacted Jo Malone, Jo Loves and Zara for comment.