Key Takeaways:
The Estée Lauder Companies have filed a lawsuit in the UK against British perfumer Jo Malone, her fragrance brand Jo Loves, and Zara’s UK business over the use of Malone’s name in a recent fragrance collaboration.
The lawsuit, filed in a UK court this week, alleges breach of contract, trademark infringement, and “passing off” related to the use of the name “Jo Malone” on fragrances sold through Zara.
At the center of the dispute is a collection of fragrances from Malone’s current brand, Jo Loves, created in collaboration with the fashion retailer. In the filing, Estée Lauder claims product descriptions and packaging for the Zara collaboration included language such as “Created by Jo Malone CBE, founder of Jo Loves,” which the company argues violates the terms of Malone’s long-standing agreement with the beauty group.
A Complicated Legacy Deal
The case stems from Estée Lauder’s 1999 acquisition of the original Jo Malone fragrance brand and the rights to the “Jo Malone” name. Malone remained with the business for several years before leaving in 2006.
Under the terms of the deal, Malone agreed not to use the “Jo Malone” name in certain commercial contexts, including fragrance marketing, according to the statements cited in the lawsuit. Estée Lauder claims the recent Zara partnership crosses the line by placing her name directly on product packaging and promotional materials.
Malone later launched a new fragrance brand, Jo Loves, in 2011 after a non-compete clause expired. The brand has since developed its own niche positioning in the prestige fragrance market.
Claims of Consumer Confusion
In its filing, Estée Lauder argues that the use of Malone’s name could mislead consumers into believing the Zara fragrances are connected to Jo Malone London, the luxury fragrance brand owned by the company.
The complaint includes claims of “passing off,” a legal concept referring to misleading consumers into associating a product with another brand or company.
Neither Jo Loves nor Zara’s parent company, Inditex, had publicly responded to the allegations at the time of reporting.
The dispute comes as fragrance remains one of the beauty industry’s strongest growth categories, driven in part by younger consumers and social media–driven discovery.
Estée Lauder has been particularly active in defending its fragrance portfolio. The company recently filed a separate lawsuit in the US accusing Walmart of selling imitation versions of several of its fragrance and skincare brands, including Clinique, Tom Ford, and Le Labo.
The legal battle with Malone highlights a recurring tension in the beauty industry: the long-term implications of founder name rights in brand acquisitions. As prestige beauty companies continue to acquire founder-led brands, agreements governing personal names—often the core of a brand’s identity—can become flashpoints years after a deal is signed.
