Cosmetics giant Estee Lauder Companies on Thursday said it filed a lawsuit against British entrepreneur Jo Malone, her fragrance brand Jo Loves and Zara’s UK business for the use of Malone’s name on certain products as the US firm owns the brand.
Estee Lauder Companies bought Malone’s self-named perfume brand — and the rights to use her name — in 1999. Malone left the company in 2006 and launched a new fragrance label, Jo Loves, in 2011.
The company said the use of “Jo Malone” on the packaging of Jo Loves fragrances sold by Zara formed the basis of the lawsuit, which was filed in a British court on Wednesday.
Malone had agreed with the US company to not use the “Jo Malone” name in certain commercial contexts, including the marketing of fragrances, a company spokesperson said in a statement.
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
— Company spokesperson
“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,” the spokesperson added, referring to the company’s agreement with Malone.
Malone, along with the others, is being sued by Estee Lauder for breach of contract, trademark infringement and “passing off” — a term referring to misleading consumers into thinking goods or services are those of another company, according to the spokesperson.
Zara UK’s parent Inditex and Jo Loves did not immediately respond to requests for comment. Malone could not be immediately reached. The Financial Times first reported on the lawsuit.
Reuters checks on Zara’s UK website show that the Jo Loves Collab fragrances contain the line: “Created by Jo Malone CBE, founder of Jo Loves.”
It was not immediately clear whether this also appears on the product packaging or when products bearing Jo Malone’s name were put up for sale by Zara.
The legal action comes at a time when Estee Lauder and other cosmetics companies have been cashing in on an uptick in demand for fragrances led by Gen Z consumers.
Last month, Estee Lauder sued Walmart in the US, accusing the retail giant of selling knockoffs of Estee Lauder fragrance and skin care brands including Clinique, Tom Ford and Le Labo.
Reuters
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