Jo Malone, the renowned British perfumer, has expressed her deep disappointment and surprise following a lawsuit seeking over £200,000 in damages for the use of her name on fragrances developed for the fashion retailer Zara.
Reports surfaced last month indicating that the Estée Lauder Companies, a global corporation based in New York and owner of several prominent brands including M.A.C, Bobbi Brown, Estée Lauder, and Jo Malone London, initiated legal proceedings against Malone, alleging trademark infringement.
Malone originally sold her fragrance line to the American cosmetics giant in 1999, under a contract that restricted her from using her name for specific commercial purposes, particularly in fragrance marketing. She resigned as the creative director of her eponymous brand in 2006 and has since publicly lamented the decision to relinquish the rights to her name, referring to it as “the biggest mistake of my life.”
After the expiration of a non-compete agreement in 2011, Malone launched her new brand, Jo Loves. In 2019, she partnered with Zara to create a collection of eight fragrances, each priced at £35.99. The packaging prominently featured her name, with the latest release stating: “A creation by Jo Malone CBE, founder of Jo Loves.”
Estée Lauder objected to this labeling, and court documents reveal that both the company and Jo Malone Ltd anticipate claiming over £200,000 in damages.
In her first public response since the lawsuit, Malone shared a video on Instagram defending her right to use her name. “My name is Jo Malone. I am the person, the fragrance creator, the entrepreneur, the cancer survivor, the person,” she stated. “I never expected to receive a high court claim with my name on it.”
Malone recounted that Zara approached her directly seven years ago, not as a company or brand, but as an individual. “They came to me, Jo Malone, the person, and asked if I would collaborate with them to create beautiful fragrances accessible to everyone,” she explained.
She emphasized, “I sold a company, I did not sell myself. We have made extensive efforts to clarify that this venture is distinct from Jo Malone London. This is very much about me, Jo Malone. We’ve taken all necessary steps to ensure clarity, including training our staff to communicate this effectively.”
Malone further pondered her future, stating, “Where do I go from here? Who can I be? I can’t stop being a person. No one can erase the essence of who they are.”
Estée Lauder was contacted for a statement. The company previously remarked, “Ms. Malone’s use of the name ‘Jo Malone’ in her recent business endeavors exceeds the terms of the legal agreement and jeopardizes the unique brand value of Jo Malone London. We acknowledge Ms. Malone’s right to explore new opportunities, but we must enforce legally binding agreements, and we will safeguard the brand we have developed over the years.”
