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Legal dispute erupts over Jo Malone's name use
Estée Lauder Companies has filed a lawsuit against British perfumer Jo Malone, her brand Jo Loves, and Zara's UK division, alleging trademark infringement and breach of contract. The dispute centers on a fragrance collaboration between Jo Loves and Zara that features Malone's name on packaging.
Background of the agreement
Estée Lauder acquired Malone's original perfume brand, Jo Malone London, in 1999, securing the rights to her name for commercial use. The sale included a clause prohibiting Malone from using "Jo Malone" in marketing fragrances or related products. Despite this, the Zara collaboration, launched in 2019, included the phrase "A creation by Jo Malone CBE, founder of Jo Loves" on its packaging.
Estée Lauder's stance
A spokesperson for Estée Lauder emphasized that Malone had received compensation under the 1999 agreement and adhered to its terms for years. "Legally binding contractual obligations cannot be ignored," the spokesperson stated. "When those terms are breached, we will protect the brand we have invested in and developed over decades."
Allegations of consumer confusion
The lawsuit also includes a claim of "passing off," where customers might mistakenly believe the Zara products are associated with Estée Lauder's Jo Malone London brand. This legal argument mirrors past cases involving designers who sold their brands but later sought to use their names commercially.
Precedents in fashion and fragrance
Ben Evans, head of trademarks at Harper James law firm, noted similarities to disputes involving designers like Karen Millen and Elizabeth Emanuel. "UK courts have consistently upheld the terms sellers agree to, even when those terms limit an individual's ability to use their own name commercially," Evans said. "The specifics of the original contract-what rights were sold and how broadly restrictions apply-will be critical in this case."
Malone's perspective
Malone has previously expressed regret over selling the rights to her name. Her original brand, founded in the early 1990s, gained fame for fragrances inspired by British nature and blossoms. After the sale, she launched Jo Loves, a separate venture focused on candles and bath products. Neither Malone nor Jo Loves has publicly responded to the lawsuit. Zara UK declined to comment.
