Zara's UK business ITX has filed a defence with the UK High Court, denying it infringed Estée Lauder’s Jo Malone trademark. The dispute centres on Zara's fragrance collaboration with Jo Malone, founder of Jo Loves. Estée Lauder claims Zara breached trademark rights associated with Jo Malone London, a brand it acquired in 1999.
ITX argues its use of "Jo Malone" on packaging and in descriptions aligns with guidance Estée Lauder's own lawyers provided in 2020. The company asserts that phrasing like “In collaboration with perfumer Ms. Jo Malone CBE, founder of Jo Loves” clearly distinguishes the individual from the Jo Malone London brand. Zara has rejected claims of consumer confusion and “passing off” in its court filings.
This legal action raises significant questions for founders who have sold their brand names but wish to continue commercially referencing their personal identities. The core issue appears to be the boundary between personal brand recognition and established trademark ownership, particularly in collaborations. For businesses in the beauty sector, this case highlights the complex legal terrain surrounding founder names and brand associations.
