Estée Lauder Sues Jo Malone Over Zara Fragrance Collaboration
Estée Lauder Companies has initiated legal action against perfumer Jo Malone, her fragrance brand Jo Loves and Zara UK, alleging trademark infringement, breach of contract, and “passing off” – a legal term for misleading consumers about the origin of goods or services. The lawsuit centers on the use of Jo Malone’s name in a recent fragrance collaboration with the high-street retailer Zara.
The Sale of a Name and Subsequent Dispute
Jo Malone sold her eponymous perfume brand, including the rights to her name, to Estée Lauder in 1999. As part of the agreement, she was restricted from using the “Jo Malone” name commercially, particularly in the fragrance market. She stepped down as creative director of the Jo Malone brand in 2006, and has publicly expressed regret over selling the rights to her name, calling it the “biggest mistake of my life” in multiple interviews.
Jo Loves and the Zara Collaboration
After a non-compete clause expired in 2011, Malone established Jo Loves. Last year, Jo Loves launched a collaboration with Zara, resulting in a fragrance line. The packaging prominently featured the phrase “A creation by Jo Malone CBE, founder of Jo Loves.” It is this specific use of “Jo Malone” that triggered the lawsuit from Estée Lauder.
Estée Lauder’s Claims
According to a spokesperson for Estée Lauder, Malone’s use of her name in connection with the Zara venture violates the original contract and undermines the established brand equity of Jo Malone London. The company asserts it has invested significantly in building the Jo Malone London brand over the past 25 years.
“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,” the spokesperson stated. “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 Grounds for the Lawsuit
Estée Lauder is pursuing claims of trademark infringement, breach of contract, and passing off in the UK High Court. The company alleges that the use of “Jo Malone” on Zara’s packaging could mislead consumers into believing there is an affiliation between Jo Loves and the established Jo Malone London brand.
Similar Cases and Founder Name Rights
Jo Malone is not the first founder to grapple with the implications of selling their name rights. Bobbi Brown, founder of Bobbi Brown Cosmetics (similarly acquired by Estée Lauder), later launched “Jones Road.” Kate Spade legally changed her name to Kate Valentine after selling her brand to Liz Claiborne in 2007, to avoid restrictions related to her name.
Jo Malone, Jo Loves, and Zara UK have not yet issued a public comment regarding the lawsuit.