Estée Lauder sues perfumer Jo Malone for breach of contract

The Estée Lauder Companies has initiated legal proceedings in the UK against perfumer Jo Malone over the use of her name in connection with fragrances sold through ZARA, according to the Financial Times.

Estée Lauder acquired Malone’s self-named fragrance brand, Jo Malone London, in 1999, including the rights to use her name. Malone left the company in 2006 and later launched a new fragrance label, Jo Loves, in 2011.

In recent years, she has also collaborated with ZARA owner Inditex to create fragrances for the fashion brand.

The lawsuit reportedly centres on the appearance of the name “Jo Malone” on packaging for Jo Loves fragrances sold by ZARA.

According to the Financial Times, Estée Lauder filed the claim on Wednesday, alleging breach of contract, trademark infringement and “passing off”, a legal term referring to misleading consumers into believing that goods or services are associated with another company.

Jo Malone did not immediately respond to requests for comment.

A spokesperson for Estée Lauder said: "Over the past 25 years, the Estée Lauder Companies has invested significantly in building Jo Malone London. Today it stands as an iconic global brand, with extraordinary brand equity and a distinct identity that is beloved around the world."

The statement continued: "When Ms. Jo Malone sold the brand to the Estée Lauder Companies in 1999, she agreed to clear contractual terms that included refraining from using the Jo Malone name in certain commercial contexts, including the marketing of fragrances. She was compensated as part of this agreement, and for many years, she abided by its terms.

"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.

"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."