Estée Lauder Sues Jo Malone Over Zara Fragrance Collaboration

The Estée Lauder Companies is pursuing legal action against perfumer Jo Malone, her fragrance brand Jo Loves, and fashion retailer Zara UK, alleging trademark infringement, passing off, and breach of contract. The lawsuit centers on the utilize of Jo Malone’s name in connection with fragrances sold by Zara.

Background: The Jo Malone Story

Jo Malone founded her eponymous fragrance business in 1990, gaining recognition for her bespoke fragrance oils. In 1999, she sold the brand, including commercial rights, to Estée Lauder Companies [WWD]. Malone remained as Creative Director until 2006, after which a five-year non-compete clause was enacted.

The Zara Collaboration and Legal Dispute

Following the non-compete period, Jo Malone launched Jo Loves in 2011. In 2019, she began a collaboration with Zara to create a line of fragrances for the Spanish fashion chain, starting with the Emotions Collection [Cosmetics Business].

The core of the lawsuit revolves around the use of the phrase “A creation by Jo Malone CBE, founder of Jo Loves” on Zara perfume packaging. Estée Lauder argues that Malone’s use of her name violates the contractual terms agreed upon during the 1999 sale of the Jo Malone brand, specifically restricting her from using the “Jo Malone” name in commercial contexts, including fragrance marketing [Cosmetics Business].

Estée Lauder’s Statement

According to an Estée Lauder spokesperson, Malone’s actions “go beyond that legal agreement and undermines Jo Malone London’s unique brand equity.” The company emphasizes its respect for Malone’s entrepreneurial pursuits but asserts its right to protect the brand it has “invested in and built over decades” [Cosmetics Business].

Parties Involved

The legal proceedings target not only Jo Malone but also her fragrance house, Jo Loves Ltd.; Jo Loves (Wholesale Ltd.); and ITX UK Ltd. (formerly Zara UK Ltd.) [WWD]. Representatives for both Malone and Zara’s parent company, Inditex, have declined to comment [WWD].

Legal Claims

Estée Lauder is pursuing claims for trademark infringement, “passing off” (a legal term for misleading consumers), and breach of contract in the U.K. Courts [Financial Times] and [WWD].