Jo Malone hopes ‘sense will prevail’ in lawsuit over her name
Jo Malone Hopes ‘Sense Will Prevail’ in Legal Dispute Over Her Name
Trademark Battle with Estée Lauder and Zara
Perfume designer Jo Malone has expressed hope that ‘sense will prevail’ in a legal case brought by Estée Lauder against her and retailer Zara. The lawsuit centers on the use of her name in a collaboration between Jo Loves and Zara, which began seven years ago. Estée Lauder acquired Jo Malone London in 1999, including the rights to the ‘Jo Malone’ brand name.
Malone’s Response to the Lawsuit
Speaking for the first time since the legal action was announced, Malone described her reaction as “very surprised and very sad.” In a video shared on Instagram, she emphasized that the collaboration was “nothing to do with Jo Malone London, the company.” “We’ve literally done as much as we possibly can,” she stated, highlighting efforts to distinguish the partnership from her original brand.
“I can’t stop being a person,” Malone added. “I’m wondering why Estée Lauder is suing me now, when the collaboration was first launched in 2019. If it was wrong then, it would have been wrong from the start. Nobody took action back then.”
Contractual Obligations and Brand Use
Under the terms of the 1999 agreement, Malone agreed not to use the ‘Jo Malone’ name for commercial purposes, such as fragrance marketing. The lawsuit alleges that the packaging of the Zara collaboration mistakenly attributed the products to her original brand, stating: “A creation by Jo Malone CBE, founder of Jo Loves.”
Estée Lauder is now suing Malone, Jo Loves, and Zara’s UK branch for trademark infringement and breach of contract. The BBC has sought a statement from Estée Lauder, but Zara has not provided any comments. Malone stressed that she did not sell her identity, only her company, and that the collections were “created by me, the person.”
Background of the Brand and Agreement
Malone established her perfume company in the early 1990s, gaining recognition for its distinctive scents inspired by British landscapes. She sold the brand to Estée Lauder for “undisclosed millions” but continued as creative director until 2006. A non-compete clause prevented her from launching new fragrance or skincare lines until 2011, when she founded Jo Loves.
Estée Lauder previously noted that Malone “agreed to clear contractual terms that included refraining from using the Jo Malone name in certain commercial contexts, including the marketing of fragrances.” The company stated she was “compensated as part of this agreement” and “abided by its terms for many years.” Despite respecting her right to explore new ventures, they argued that “legally binding obligations cannot be disregarded,” and “when those terms are breached, we will protect the brand we’ve invested in over decades.”
