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Unpacking the Sol de Janeiro fragrance fiasco - what is the brand's legal recourse?Ask any fragrance enthusiast what they would like for Christmas this year and chances are they will say, “a bottle of the latest Sol de Janeiro product, please”. This US skincare and fragrance brand, inspired by the vibrant culture of Brazilian beaches and with its signature almond and vanilla scent, has recently taken social media by storm. ![]() Image source: KamranAydinov from Freepik It was no surprise that when Dis-Chem began selling Sol de Janeiro products in South Africa, shoppers rushed to the stores to get their hands on them. According to a report by News24, the demand was so high that, after selling out, customers were put on a waiting list. However, the excitement soon gave way to scepticism as some buyers began questioning the product’s authenticity. Complaints emerged, with customers noting that the scent differed from those sold overseas and that the scent faded rather quickly. In response, Dis-Chem swiftly removed all Sol de Janeiro items from its shelves and is currently in the process of testing the products to determine whether their supplier had provided them with genuine goods. Brand recourseThe question remains - what actions could Sol de Janeiro have taken against the unnamed supplier, if these products are not genuine goods and if they still appeared on shelves? In South Africa, the proprietor of a registered trade mark is afforded the exclusive right to prevent the use of a mark by any other person, which is confusingly or deceptively similar to the proprietor’s trade mark in relation to the goods and services for which it is registered. The mark ‘Sol de Janeiro’ has been accepted in South Africa, and is, therefore, pending registration. Sol de Janeiro is, however, a well-known mark and no doubt has a substantial reputation in South Africa. As a result, Sol de Janeiro is entitled to trade mark protection and would be able to pursue the following actions:
Dis-Chem deserves commendation for its proactive response in removing the questionable products from its shelves and upholding the integrity of Sol de Janeiro’s brand. This decisive action highlights the importance of vigilance in safeguarding both customer trust and the reputation of global brands and sets a strong example for other retailers. The opinions expressed here belong to the authors and do not necessarily reflect the views of the publisher. About the authorJani Cronjé is a Partner, and Daniella de Figueiredo, a Candidate Attorney in Adams & Adams' Trade Mark Litigation department. |