British perfumer Jo Malone has finally responded to Estée Lauder Companies (ELC) launching legal action against her over the use of her name on packaging for a Zara perfume.
Malone broke the silence around the lawsuit in an Instagram Reel posted on 8 April, seen by Cosmetics Business, providing her thoughts on the situation.
ELC, which has owned Malone’s perfume business, Jo Malone London, since 1999, launched legal action against Malone, her latest fragrance brand Jo Loves, and fashion retailer Zara UK over alleged trademark infringement, passing off, and breach of contract in March.
These were filed with the UK High Court, an ELC spokesperson confirmed to Cosmetics Business in an email at the time.
The litigation is said to be centred on the words ‘A creation by Jo Malone CBE, founder of Jo Loves’, which appeared on the packaging for a Zara perfume.
Malone stated in her Instagram post that she was and still is “surprised and very sad” to have received the UK High Court claim over the use of her name.
She added in the post that a defence is now being put together, and that she is prepared to “defend [her] position and innocence in court”.
Malone continued: “Once that defence has been handed in, those will become public knowledge, and you can read them for yourself.
“I hope sense will prevail, and we will find a new and different way of being able to work in the same marketplace.”
In the Instagram post, Malone claimed that another reason for the legal action was due to her “creative work with Zara”.
What Jo Malone said in her Instagram post:
Estée Lauder Companies
Malone said in the post: “Now let me just take you back just a little bit, but seven years ago, I started to work with Zara.
“They approached me, they did not approach a company, they did not approach a brand, they did not approach a logo.
“They approached me, Jo Malone, the person, and asked whether I would start working with them and create beautiful fragrances that everyone could wear in the world.”
Malone argued in the post that Zara staff had been trained to ensure there was no risk of brand overlap with the Jo Malone London business owned by ELC.
Malone continued in the post: “We have gone above and beyond and above and beyond again, to make sure everyone understands this has nothing to do with the Jo Malone, London company.”
“The second question I ask myself is, and this is the big one for me, why now?
“[It does] not make any sense at all. Seven years with Zara. So if it was wrong now, it would have been wrong on day one, and nobody did anything about it. That is the big one for me.
“The third question is, where do we go from here. If I cannot be me, who on earth am I meant to be for the rest of my life?
“So what is this all about, this high court claim? Let me tell you in three words, my own name.
“I sold a company. I did not sell myself.
“So now the simple truth, those collections were created by me, the person, an identity, a human and creative being, nothing more, nothing less.
“My integrity means a lot to me to speak truth, to act in truth and to create in truth, and I will continue to tell you this story in truth.”
Cosmetics Business has contacted ELC, Jo Loves and Zara for a comment.
The Jo Malone and ELC legal battle explained
Jo Malone London perfumes
Malone founded her namesake business in 1990 and later sold it to ELC in 1999 – with the brand name changing to Jo Malone London shortly after.
Malone remained as a Creative Director for the company until 2006, but had signed a contract at the time of the sale of the business that restricted her from using the ‘Jo Malone’ name in a commercial capacity.
For example, this restricted her from using the ‘Jo Malone’ name in a commercial capacity.
The British perfumer went on to create the perfume brand Jo Loves in 2011, and partnered with Zara in 2019 to create fragrances for the Spanish fashion chain, debuting with the Emotions Collection.
However, ELC launched legal action against Malone, her fragrance brand Jo Loves, and fashion retailer Zara UK over alleged trademark infringement, passing off, and breach of contract in March.
A spokesperson for ELC previously told Cosmetics Business: “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.
“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.”
The spokesperson continued: “When Ms Jo Malone sold the brand to ELC 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.”
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