Estée Lauder sues Inditex and perfumer Jo Malone for trademark infringement

Madrid – While the Inditex group celebrated its strong annual results for the 2025 financial year in Madrid, beauty multinational The Estée Lauder Companies (ELC) dampened the proceedings by filing a lawsuit in the UK against the Spanish company. The legal action is based on an alleged trademark infringement occurring as part of the collaboration between Zara and British perfumer Jo Malone.

To provide context, the London-based fragrance and skincare brand was founded by Malone in 1990. Just nine years later, when its founder was 35 years old, ELC acquired the business. The value of the deal was never officially disclosed but is reported to have been around 100 million dollars. Terms included several clauses, such as the sale of the Jo Malone name and the transfer of all trademark rights to the US beauty giant. The agreement also stipulated that Malone and her management team would remain with the brand, with the founder serving as creative director. However, she left this position in 2006, seven years after the 1999 acquisition by ELC.

As part of an exit agreement with the US company, Jo Malone was bound by a five-year non-compete clause. This prevented her from working in the same sector or using the Jo Malone name for commercial purposes, as the brand remained the property of Estée Lauder Companies (ELC) under the 1999 purchase agreement. These two clauses are essential to understanding the British perfumer's recent professional journey. Once the non-compete period ended in 2011, she returned to perfumery by founding a new fragrance brand, Jo Loves. In 2025, this brand began a collaboration with Inditex to develop a complete collection of perfumes and eaux de parfum for its main fashion chain, Zara.

Zara x Jo Loves: origin of controversy The collaboration between Zara and Jo Loves is the source of the lawsuit filed by ELC against the Spanish company, the fragrance brand, and its founder, Malone. The products have gained popularity among consumers and have gone viral on social media, promoted by numerous content creators. According to British financial newspaper Financial Times, the lawsuit was filed in the UK late on Wednesday, March 11, 2026.

The US beauty giant, which also owns New York fashion house Tom Ford, accuses Malone of breach of contract, registered trademark infringement, and passing off and deceiving consumers. The lawsuit also levels these latter accusations against the perfumer's new brand, Jo Loves, and the UK subsidiary of Inditex. Evidence presented focuses on the packaging of fragrances developed under the Zara and Jo Loves collaboration. The packaging and product descriptions on Zara's official online store state, “Created by Jo Malone CBE, founder of Jo Loves”. Estée Lauder Companies (ELC) argues these nine words infringe on its rights as the owner of the Jo Malone name. This is despite the attempt to frame the text by highlighting the perfumer's name as the founder of Jo Loves and her status as a Commander of the Order of the British Empire (CBE).

“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,” a spokesperson for ELC told the Financial Times. In return, the perfumer, who currently resides in Dubai, “received compensation as part of this agreement and, for many years, complied with its terms.” However, “Ms Malone's use of the ‘Jo Malone’ name in connection with recent commercial projects goes beyond that legal agreement and undermines the unique value of the Jo Malone London brand”. The spokesperson added that while “we respect Ms Malone's right to pursue new” career “opportunities, legally binding contractual obligations cannot be ignored, and in the event of a breach of such conditions, we will protect the brand in which we have invested and which we have built over decades.”

Risks of selling your name

The backdrop to this controversy, which is set to pit The Estée Lauder Companies, Jo Malone and Inditex against each other in court, is the regret felt by many creators. Attracted by lucrative contracts, they end up selling business projects they started and developed under their own names. This act carries significant risks, especially for individuals known for their entrepreneurial spirit. It is a path previously taken by figures such as American designer Roy Halston; French couturier Christian Lacroix; designer Kate Spade; fellow designer Donna Karan; makeup artist Bobbi Brown; Belgian designer Martin Margiela; and, in this case, perfumer Jo Malone, often followed by a period of creative and/or personal frustration.

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