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 Ms. Malone, founder of the Jo Malone brand, as well as her fragrance house Jo Loves Limited; Jo Loves (Wholesale Limited); and ITX UK Limited (formerly ZARA UK Limited).
A spokesperson for Malone declined to comment. The news first appeared in the Financial Times on Thursday, March 12.
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.
Since her departure, Lauder has built the original brand, now called Jo Malone London, internationally, opening around 50 stores across more than 82 countries. The company 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 Companies 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.
