Estée Lauder Companies is taking legal action against British perfumer Jo Malone after she used her name in a fragrance collaboration with fashion retailer Zara.
The US beauty group, which owns the luxury fragrance brand Jo Malone London, claims Malone breached contractual terms that prevent her from using the “Jo Malone” name for certain commercial purposes, including marketing fragrances.
The dispute centres on a fragrance collaboration between Zara and Malone’s newer brand Jo Loves.
Packaging for the collection includes the wording: “A creation by Jo Malone CBE, founder of Jo Loves.” Estée Lauder argues that the use of her name in this context infringes its trademark rights and breaches the terms agreed when it acquired Malone’s original business.
Long-running brand ownership dispute
Estée Lauder purchased the Jo Malone fragrance brand in 1999, securing rights to the brand name and to Malone’s name for commercial fragrance use. As part of the deal, Malone agreed not to use the “Jo Malone” name in connection with fragrance marketing.
The company is now suing Malone, Jo Loves and Zara’s UK arm, alleging trademark infringement, breach of contract and passing off, a legal claim relating to misleading consumers about the origin of a product.
A spokesperson for Estée Lauder said Malone had agreed to “clear contractual terms” when selling the business.
“She was compensated as part of this agreement, and for many years she abided by its terms. 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 Zara collaboration first launched in 2019 and features a range of accessible fragrances created in partnership with Jo Loves.
A founder separated from her name
Malone founded her eponymous fragrance business in the early 1990s, building a strong following with distinctive scents inspired by British nature, before expanding into candles and bath products.
After selling the brand to Estée Lauder, she remained as creative director until 2006. The entrepreneur has since spoken publicly about regretting the sale, previously describing it as the “biggest mistake of my life”.
Once a non-compete agreement expired in 2011, Malone launched Jo Loves as a new fragrance venture.
Legal experts say the case reflects a broader pattern in fashion and beauty where founders lose the rights to their own names after selling their businesses.
Ben Evans, head of trademarks at law firm Harper James, said UK courts have historically supported such agreements.
“The UK courts have shown a willingness to uphold the terms that sellers agree to, even if they restrict the ability of an individual to use their name commercially,” he said.
However, Evans noted the outcome will depend heavily on the wording of the original contract.
“The devil will be in the detail of the original agreement: what rights were sold, what restrictions were agreed, and how broadly those restrictions were intended to apply.”
The legal action was first reported by the Financial Times.
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