Estée Lauder is taking legal action against British perfumer Jo Malone for using her name on a perfume created for the fashion chain Zara.
Malone sold her perfume brand to Estée Lauder Companies in 1999. Under the terms of this deal, she was prohibited from using her name for specific commercial purposes—including the marketing of perfumes.
Malone stepped down as Creative Director of the Jo Malone brand in 2006. Since then, she has stated in numerous interviews that she regrets selling the rights to her name, describing it as "the biggest mistake of my life."
In 2011, once the "non-compete clause" expired, Malone launched the brand "Jo Loves." In 2019, this perfume brand launched a collaboration with Zara, featuring a collection of eight fragrances. The packaging clearly indicated that the products were created by Malone herself; the most recent iteration bears the inscription: "Created by Jo Malone CBE (Founder of Jo Loves)."
An Estée Lauder spokesperson stated: "Ms. Malone's use of the name 'Jo Malone' in recent commercial endeavors falls outside the scope of the legal agreement and infringes upon the distinct 'brand equity' of Jo Malone London."
"We respect Ms. Malone's right to pursue new opportunities. However, the terms of legally binding contracts cannot be disregarded. Should these terms be violated, we will take steps to protect the brand in which we have invested and which we have built over decades."
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Estée Lauder noted that Malone received compensation in exchange for refraining from using her name for perfume marketing purposes, and that "for many years, she adhered to these terms." "Over the past 25 years, The Estée Lauder Companies has invested heavily in building Jo Malone London. Today, it is recognized as an 'iconic global brand'—possessing tremendous brand equity and a distinct identity that is cherished worldwide."
Estée Lauder also holds the naming rights to the cosmetics brand 'Bobbi Brown.' The founder of this brand subsequently launched a new brand of her own, named 'Jones Road.'
Malone grew up in South-East London. She left school at the age of 13 to care for her mother. In 1990, she launched a business under her own name; she currently resides in Dubai.
The *Financial Times* was the first to report on this legal action. Zara's parent company, Inditex, declined to comment on the matter. 'Jo Loves' also did not respond to requests for comment.
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