Cosmetics giant Estee Lauder Companies has filed a lawsuit against British entrepreneur Jo Malone, her fragrance brand “Jo Loves” and Zara’s UK business, it said on Thursday, over the use of Malone’s name on certain products.
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.
Estee Lauder Alleges Contract Breach, Trademark Infringement
Reuters verifications on Zara’s UK website showed that product descriptions of the “Jo Loves Collab” fragrances contained the line “Created by Jo Malone CBE, founder of Jo Loves.”
Estee Lauder said the name also appeared on the product packaging. However, it was not immediately clear when products bearing Jo Malone’s name were placed on sale by Zara.
Malone had agreed with the U.S. company to not use the “Jo Malone” name in certain commercial contexts, including the marketing of fragrances, an Estee Lauder 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,” the spokesperson said.
The spokesperson said Estee Lauder is suing Malone, her fragrance brand and Zara for breach of contract, trademark infringement and “passing off” – the practice of misleading consumers into thinking goods or services are those of another company.
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.
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 U.S., accusing the retail giant of selling knockoffs of Estee Lauder fragrance and skincare brands including Clinique, Tom Ford and Le Labo.
(Reporting by Ruchika Khanna and Angela Christy in Bengaluru; editing by Sumana Nandy, Louise Heavens and Joe Bavier)
