Estee Lauder sues Jo Malone
Beauty giant Estee Lauder has launched legal action against perfumer Jo Willcox (nee Malone) over her new perfume brand with Zara.
Estee Lauder bought Malone’s self-named perfume brand and naming rights in 1999 for ‘undisclosed millions’. She stayed on as creative director until 2006, when she left her eponymous perfume brand.
After a five-year legal ban on creating any new beauty brands was lifted, she launched a new fragrance label, ‘Jo Loves’, in 2011.
Malone, via Jo Loves, entered into a partnership with Zara to launch a perfume collection which retails between £35 and £40.
On Wednesday, Estée Lauder and Jo Malone Limited filed legal action in the English High Court against Malone, Jo Loves, and ITX UK, Zara’s retail distributor.
Using the patent law firm Beck Greener, the giant filed a passing-off and trademark claim with the Intellectual Property Enterprise Court.
Estee Launder hits back against legal contact
Commenting on its lawsuit, a spokesperson for the Estée Lauder Companies said: “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,” they added.
Jo Loves and Zara UK were contacted for comments.