LONDON – The Estée Lauder Cos. is suing perfumer and brand owner Jo Malone in the U.K. courts for trademark infringement, passing off and breach of contract, the company confirmed on Thursday.
The company said legal proceedings have been initiated against Malone, founder of the Jo Malone brand, as well as her fragrance house Jo Loves Ltd.; Jo Loves (Wholesale Ltd.), and ITX UK Ltd. (formerly Zara UK Ltd.).
Spokespeople for Malone and Zara’s parent Inditex declined to comment. The news first appeared in the Financial Times on Thursday.
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Malone sold her eponymous fragrance business to Lauder in 1999, and left the company in 2006. Following a five-year non-compete clause, she started Jo Loves in 2011. That brand has a store on Elizabeth Street in London, and Malone continues to work as a fragrance consultant for brands, companies and individuals.
Over the years, she has worked extensively with Inditex to create a line of fragrances for Zara. According to industry sources, the Zara fragrances are a significant part of the lawsuit.
In 2019, Malone created a fragrance collection of eight scents called Zara Emotions by Jo Loves. It was sold in Zara stores across Europe, Mexico, Australia and New Zealand.
A year later, during the pandemic, the Malone and Zara launched the collection in the U.S.
Contained in white paper boxes, each with a quote from the perfumer, the collection was meant to look like a row of books when put together, encouraging the customer to collect the full library. The collection was merchandised alongside the rest of Zara’s fragrances in-store.
The fragrance collections have since been expanded, with the outside packaging saying: “A collection created by Jo Malone CBE, founder of Jo Loves,” along with Malone’s signature. CBE refers to the honor, Commander of the Most Excellent Order of the British Empire, that Malone received in 2018 from the Prince of Wales, now King Charles III.
Malone was given the honor for her contributions to the fragrance industry, her work as an entrepreneur, shopkeeper and mentor to students and small and medium-size enterprises.
Other Zara fragrance packaging says: “A collection created by Ms. Jo Malone CBE, founder of Jo Loves,” also with her signature.
Since her departure from the group, Lauder has built the original brand, now called Jo Malone London, opening more than 4,200 points of sale across 84 markets globally. That company, which has more than 4,000 employees, is based in London at a Grade II listed Georgian townhouse near Baker Street, a venue it also uses for events throughout the year.
A spokesperson for the Estée Lauder Cos. said, “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.”
The statement continued: “When Ms. Jo Malone sold the brand to the Estée Lauder Companies in 1999, 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.
“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,” the company said.
The lawsuit is further evidence of just how crowded and competitive the fine fragrance market has become. As reported, Boots has been rolling out stand-alone fragrance stores and inviting customers to linger and to sample a wide variety of scents.
At the first store near Liverpool Street station, there is a focus on experience, with more testers than ever on display, and a strong service angle. Boots has filled the shop floor with fragrance specialists who’ve been given advanced training on scent profiling and matching.
Boots Fragrance also offers a concierge service that aims to help people find their signature scent (or combination of scents) and to choose the right juice for major moments such as weddings.
To accompany the physical space Boots has also launched a fragrance hub on Boots.com and the Boots app, with click-and-collect service in more than 1,600 stores.
Earlier this year Selfridges unveiled its refurbished fragrance hall on the ground floor of the London store. Melissa McGinnis, director of beauty buying at Selfridges, said fragrance is the store’s fastest-growing category.
“Consistently, since even pre-COVID, fragrance has gone from strength to strength, and it’s also where we’ve seen the biggest shift in customer behavior,” she told WWD, adding that shoppers have more knowledge and choice and are building a wardrobe of fragrances for different occasions, or moments in the day.