Getty ImagesBritish perfumier Jo Malone is being sued by Estée Lauder Companies for using her name in a collaboration with High Street retailer Zara.
The US cosmetics giant bought Malone's eponymous perfume brand, Jo Malone London, including the rights to her name, in 1999.
Though the Zara collaboration was with Malone's new brand Jo Loves, Estée Lauder Companies took issue with the use of Malone's name on the packaging, which read: "A creation by Jo Malone CBE, founder of Jo Loves".
The group is suing Jo Malone herself, Jo Loves and Zara's UK arm for trademark infringement and breach of contract. The BBC has approached Jo Malone for a response. Zara UK declined to comment.
The Zara x Jo Loves collaboration started in 2019.
Malone has previously said she regretted selling the rights to use her own name for commercial purposes.
Under the terms of the 1999 deal, Malone had agreed not to use the "Jo Malone" name for commercial uses, including marketing fragrances.
As first reported by the FT, Estée Lauder Companies is is also taking legal action regarding passing off, which is when customers are misled into thinking a product is from another company.
Jo Malone's fragrance business was founded in the early 1990s, and became popular for unique fragrances using British nature and blossoms as inspiration for its ingredients. The brand expanded to include scented candles and bath products.
A spokesperson for Estée Lauder Companies said 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."
