Jo Malone has spoken out saying she is ‘surprised and very sad’ after Estée Lauder launched legal action over fragrances she created for Zara, deepening a trademark row around the use of her own name, reports Cape {town} Etc.
According to Reuters the dispute centres on packaging for a Jo Loves and Zara collaboration that included the wording ‘A creation by Jo Malone CBE, founder of Jo Loves’ Estée Lauder, which owns Jo Malone London, says the wording breaches the terms of the 1999 sale deal.
Speaking on Instagram, Malone said: ‘My name is Jo Malone. I am the person, the fragrance creator, the entrepreneur, the cancer survivor, the person.’ She added: ‘I sold a company; I did not sell myself.‘
She commented on her video post saying ‘I wanted to speak to you directly about the High court claim against using my own name. #JoMaloneCBE #Zara #Entrepreneur‘
Malone said Zara approached her directly and that her team worked to make clear the collaboration was separate from Jo Malone London.
Estée Lauder argues the use of her name goes beyond the original agreement and threatens brand equity built over decades.
Court documents show the company expects to recover more than £200 000 (roughly R4.4m) in damages. Malone has said she regrets selling the rights to her name, calling it the ‘biggest mistake of my life’.
Legally, the brand is not the person, as ownership, trademarks and contractual rights define it as a separate commercial entity. Perceptually, however, the market may experience the brand and the individual as one and the same, especially when identity and storytelling are closely intertwined. The tension between these two realities is often where modern brand disputes begin to surface, as seen in the Estée Lauder–Jo Malone dispute.
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Picture: @jomalonecbe / Instagram
