Jo Malone in 2016. The perfumer sold her fragrance brand in 1999 in a deal under which she was blocked from using her name. Photograph: Richard Pohle/RICHARD POHLEView image in fullscreenJo Malone in 2016. The perfumer sold her fragrance brand in 1999 in a deal under which she was blocked from using her name. Photograph: Richard Pohle/RICHARD POHLEJo Malone ‘surprised and sad’ after being sued £200,000 for using her name on fragrancesEstée Lauder Companies claims Zara collaboration with perfumer breaches long-standing naming agreement
The British perfumer Jo Malone has said she is “surprised and very sad” after being sued for more than £200,000 in damages for using her name on fragrances she created for the fashion chain Zara.
It emerged last month that New York-based multinational Estée Lauder Companies, which owns brands M.A.C, Bobbi Brown, Estée Lauder and Jo Malone London, was taking legal action claiming the fragrance entrepreneur infringed trademarks.
Malone sold her perfume brand to the US cosmetics group in 1999 in a deal under which she was blocked from using her name for particular commercial reasons including the marketing of fragrance.
She 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”.
View image in fullscreenJo Loves collaboration perfume with Zara. Photograph: ZaraAfter a non-compete clause ended in 2011, Malone set up the Jo Loves brand. In 2019, the perfume brand launched a collaboration with Zara that included eight scents, which sell for £35.99. The packaging made clear the products were created by Malone and the latest version includes the words: “A creation by Jo Malone CBE, founder of Jo Loves.”
Estée Lauder took issue with this wording, and high court documents show the company and Jo Malone Ltd expect to recover more than £200,000 in damages.
Speaking for the first time since then, Malone posted a video on Instagram defending the use of her name.
“My name is Jo Malone. I am the person, the fragrance creator, the entrepreneur, the cancer survivor, the person,’ she said. “I never expected to receive a high court claim with my name on it.”
She said when Zara approached her seven years ago about working together, “they approached me, they didn’t approach a company, they didn’t approach a brand, they didn’t approach a logo. They approached me, Jo Malone, the person, and asked whether I would start working with them and create beautiful fragrances that everyone could wear in the world”.
She added: “I sold a company, I did not sell myself.
“We have gone above and beyond and above and beyond again to make sure everyone understands this has nothing to do with Jo Malone London, the company. This is very much Jo Malone. By using Ms Jo Malone CBE, Jo Malone creative director of Jo Loves, we’ve literally done as much as we possibly can …We’ve trained the staff, everything.
“Where do I go from here? Who can I be? I can’t stop being a person. Nobody can stop being the character and the person that you are.”
The company previously 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.”
