Estée Lauder is taking legal action against the British perfumer Jo Malone after she used her name on a fragrance for the fashion chain Zara.
Malone sold her perfume brand to Estée Lauder Companies in 1999 in a deal under which she was blocked from using her name for particular commercial reasons including the marketing of fragrance.
Malone stepped down as creative director of the Jo Malone brand in 2006 and has since said she regretted selling the rights to her name, calling it the “biggest mistake of my life” in several interviews.
After a non-compete clause ended in 2011, Malone set up the Jo Loves brand. Last year, the perfume brand launched a collaboration with Zara. The packaging includes the words: “A creation by Jo Malone CBE, founder of Jo Loves.”
A spokesperson for Estée Lauder said: “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.”
Estée Lauder said Malone had been compensated from refraining from using her name to market fragrances and “for many years, she abided by its terms”.
“Over the past 25 years, The Estée Lauder Companies has invested significantly in building Jo Malone London. Today it stands as an iconic global brand, with extraordinary brand equity and a distinct identity that is beloved around the world.”
Estée Lauder also owns the name rights to Bobbi Brown, the cosmetics brand, whose founder went on to set up a new brand under the label Jones Road.
Malone grew up in south-east London and left school at 13 to care for her mother. She founded her eponymous business in 1990 and now lives in Dubai.
The legal action was first reported by the Financial Times.
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