Cosmetics giant Estée Lauder Companies is taking legal action against British perfumer Jo Malone over the use of her own name in a fragrance collaboration with fashion retailer Zara.
The dispute centres on a 1999 agreement in which Malone sold her luxury fragrance brand Jo Malone London to Estée Lauder. As part of that deal, she relinquished the commercial rights to use her own name in fragrance marketing.
Malone left the brand in 2006 and later launched a new perfume company, Jo Loves, after her non-compete clause expired in 2011.
The legal conflict reportedly arose after Malone collaborated with Zara on a fragrance collection. Packaging for the products included the wording: “A creation by Jo Malone CBE, founder of Jo Loves.”
Estée Lauder argues that the use of the name “Jo Malone” in connection with fragrances breaches the original agreement and undermines the global brand it has built since acquiring the company.
The case highlights a rare legal situation where a founder is unable to commercially use their own name in a specific industry after selling trademark rights tied to it.
Legal experts say such restrictions can occur when a founder sells a business and transfers the intellectual property associated with their name as part of the transaction.
The outcome of the dispute could have broader implications for branding rights and founder agreements within the global cosmetics industry.
