Estee Lauder acquired Jo Malone's perfume brand and the rights to use her name in 1999. Jo Malone left the company in 2006 and five years later founded a new brand, Jo Loves. According to the lawsuit, the basis of the dispute is the appearance of the inscription “Jo Malone” on the Jo Loves perfume available in Zara's offer.
Reuters confirmed that on Zara's British website, the description of Jo Loves Collab perfume reads: “Created by Jo Malone CBE, founder of Jo Loves.” Estee Lauder points out that the Malone name also appears on the packaging of these products, although it is not known when they have been available for sale.
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An Estee Lauder spokesman said in a statement that Malone had committed to the company not to use the name “Jo Malone” in certain commercial contexts, including perfume marketing.
“Ms. Malone's use of Jo Malone's name in connection with recent commercial ventures is beyond this legal agreement,” a company representative said.
The lawsuit includes allegations of breach of contract, trademark infringement and “passing off”, i.e. misleading consumers as to the origin of the products.
