Estée Lauder Sues Jo Malone Over Zara Fragrance Collaboration

Estée Lauder Companies has initiated legal proceedings in the High Court against British perfumer Jo Malone, her brand Jo Loves, and the United Kingdom arm of fashion retailer Zara. The lawsuit centers on the use of Malone’s name on packaging for a fragrance collaboration between Jo Loves and Zara.

The New York-based beauty giant is seeking more than £200,000 in damages, alleging trademark infringement and breach of contract. The dispute stems from a 1999 agreement in which Estée Lauder purchased Malone’s eponymous brand, Jo Malone London, including the rights to her name.

The 1999 Naming Agreement

Under the terms of the 1999 deal, Malone agreed not to use the Jo Malone name for specific commercial purposes, which included the marketing of fragrances. Malone stepped down as the creative director of the Jo Malone London brand in 2006.

In subsequent interviews, Malone has described the decision to sell the rights to her name as the biggest mistake of my life. Following the expiration of a non-compete clause in 2011, she established her own firm, Jo Loves, which produces perfumes, toiletries, and candles.

The Zara Collaboration

In 2019, Jo Loves launched a collaboration with the fashion chain Zara that featured eight scents. Estée Lauder has taken issue with the wording used on the packaging of these products, which states: A creation by Jo Malone CBE, founder of Jo Loves.

A spokesperson for Estée Lauder stated that the use of the name in these commercial ventures goes beyond that legal agreement and undermines Jo Malone London’s unique brand equity. The company maintained that while they respect Malone’s right to pursue new opportunities, legally binding contractual obligations cannot be disregarded.

Response from Jo Malone

Speaking via a video on Instagram, Jo Malone expressed that she was very surprised and very sad by the legal action. She argued that she and Zara went above and beyond to clarify that the collaboration was unrelated to the company Jo Malone London.

I sold a company, I did not sell myself … Those collections were created by me, the person.

Jo Malone

Malone questioned the timing of the lawsuit, noting that the collaboration began seven years ago in 2019. She stated that if the naming was incorrect, it would have been incorrect from the first day, and noted, I can’t stop being a person.

Malone concluded by stating her hope that sense will prevail in the case. Zara has declined to comment on the proceedings.