Jo Malone hopes 'sense will prevail' in lawsuit over use of her name

Jo Malone, the perfume designer, said she hopes "sense will prevail" in a case against her and retailer Zara by Estée Lauder, the beauty giant, over the use of her name.

Estée Lauder bought Malone's eponymous perfume brand, Jo Malone London, including the rights to her name, in 1999. Malone founded a new firm, Jo Loves, in 2011, which sells perfume, candles and toiletries.

Last month, Estée Lauder Companies launched High Court proceedings over a collaboration between Jo Loves and Zara, over the use of Malone's name on the packaging. It is seeking more than £200,000 in damages.

Speaking for the first time since the legal action emerged, Malone said she was "very surprised and very sad".

In a video on Instagram, Malone said Jo Loves and Zara went "above and beyond" to make it clear that the collaboration - which began seven years ago - was "nothing to do with Jo Malone London, the company".

"We've literally done as much as we possibly can," she said.

Although the Zara collaboration was with the brand Jo Loves, Estée Lauder took issue with the use of Malone's name on the packaging, which read: "A creation by Jo Malone CBE, founder of Jo Loves."

Estée Lauder is suing Malone herself, Jo Loves and Zara's UK arm for trademark infringement and breach of contract.

The BBC has approached Estée Lauder for a response. Zara declined to comment.

"I can't stop being a person," Malone said.

She said she wondered why Estée Lauder was suing her now, when the collaboration with Zara was first launched in 2019.

"If it was wrong now, it would have been wrong on day one, and nobody did anything about it," she said.

"I sold a company, I did not sell myself ... those collections were created by me, the person."

Under the terms of the 1999 deal, Malone had agreed not to use the "Jo Malone" name for commercial uses, including marketing fragrances.

Malone has previously said she regrets this.

She said in the Instagram video that she is willing to defend her position in court if necessary, but added: "I hope sense will prevail and we will find a new and different way to work in the same marketplace."

"My integrity means a lot to me."

Born on a council estate in south-east London, Malone founded her perfume company in the early 1990s. The brand became popular for its unique fragrances that took inspiration from British nature.

Malone sold the company to Estée Lauder for "undisclosed millions" but remained as creative director until 2006. Under a non-compete clause, she was prohibited from creating new fragrance or skincare lines until 2011.

Court documents show that lawyers for Estée Lauder said the "low-cost" Zara products created by Malone "undermine" the reputation of Jo Malone London for luxury and exclusivity".

"Such use allows the respective defendants to benefit from the fame and reputation of the Jo Malone trademarks without having contributed to the creation of that fame and reputation."

Estée Lauder previously said that when Malone sold the brand, "she agreed to clear contractual terms that included refraining from using the Jo Malone name in certain commercial contexts, including the marketing of fragrances.

"She was compensated as part of this agreement, and for many years, she abided by its terms.

"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."