Estee Lauder sues Jo Malone and Zara in UK court for trademark infringement

Estee Lauder sues Jo Malone and Zara in UK court for trademark infringement

The company claimed the fragrance entrepreneur had earlier signed a legal agreement not to use her name

New York-based cosmetics giant Estee Lauder Companies has filed a lawsuit in the UK court against British tycoon Jo Malone, her fragrance brand, ‘Jo Loves’, and Zara, for using Malone's name on certain products.

In 1999, Estee Lauder bought Malone's self-named perfume brand and the rights to use her name. Malone left the company in 2006 and, in 2011, launched a new fragrance label, ‘Jo Loves’.

Estee Lauder complained that the use of ‘Jo Malone’ on the ⁠packaging of ‘Jo Loves’ fragrances sold by Zara was the basis of the lawsuit.

Amidst contract breach over trademark infringement, Zara's UK website displayed product descriptions of the ‘Jo Loves Collab’ fragrances comprising the words, ‘Created by Jo Malone CBE, founder of Jo Loves’.

The US company alleged that the name also appeared on the product packaging. However, it was not clear when Zara began selling products bearing Jo Malone's name.

The spokesperson for Estee Lauder claimed that Malone had agreed with the company not to use ‘Jo Malone’ in certain commercial contexts, including the ⁠marketing of fragrances. He added, “Ms. Malone's use of ‘Jo Malone’ in connection with recent commercial ventures goes beyond that legal agreement.”

Thus, Estee Lauder had sued Jo Malone, her fragrance brand and Zara for breach of contract, trademark infringement and 'passing off’ (misleading consumers into thinking goods or services are those of another company).

The legal pursuit 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.