James Warrington
American cosmetics giant Estée Lauder has sued Jo Malone for breach of contract after the perfume tycoon used her own name on a new line of fragrances.
Malone sold her eponymous perfume brand to Estée Lauder in 1999, along with the rights to use her name in any future business.
The US company has now filed a lawsuit against Malone, her new company Jo Loves and the clothing retail chain Zara. It alleges trademark infringement and passing off, where a business misrepresents its goods or services as being those of a competitor.
The lawsuit, which was first reported by The Financial Times, relates to a range of perfumes launched last year in collaboration with Zara. A description of the fragrances on Zara’s website describes them as “created by Jo Malone CBE, founder of Jo Loves”.
Malone has described selling the rights to her name as her “only regret”, adding that she still struggles to come to terms with the decision.
The entrepreneur stepped down as creative director of the company she founded in 2006 following a battle with cancer. She set up Jo Loves, which makes perfumes, candles and body lotions, in 2011.
An Estée Lauder spokesman said Malone had agreed to “clear contractual terms” blocking her from using her name in certain commercial contexts, including the marketing of fragrances.
The company told the FT: “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.”
Malone is not the only cosmetics entrepreneur to sell away the rights to her own name.
Bobbi Brown sold her namesake company to Estée Lauder in 1995 and has since launched a new brand called Jones Road. Handbag designer Kate Spade legally changed her name to Kate Valentine after selling her intellectual property rights to Liz Claiborne.
The lawsuit against Malone, Jo Loves and Zara comes a month after Estée Lauder filed a lawsuit against Walmart accusing the US supermarket giant of selling counterfeit Clinique, Aveda and Tom Ford beauty products.
The cosmetics giant described Walmart’s behaviour as “extreme, outrageous, fraudulent … despicable and harmful”.
Walmart said it had “zero tolerance” for counterfeit products.
Telegraph UK
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