Ask any make-up enthusiast what their must-have brand is, and the answer would most likely be Hailey Bieber’s make-up line, RHODE.

This would have been the answer for consumers who attended the RHODE pop-up store at the Mall of Africa. Despite the products being pricier than other make-up brands, consumers quickly justified this cost, attributing it to the allure of an international make-up brand’s first appearance in South Africa.

Unfortunately, the excitement of consumers to get their hands on a RHODE product quickly turned to shock after social media influencers questioned how genuine the products were. This, coupled with the fact that RHODE’s official website and social media have not mentioned the pop-up at all. Many consumers tried to return the products the following day, but to their surprise, as fast as the pop-up store opened, it hit the ‘RHODE’, with no trace left behind.

RHODE eventually answered an influencer’s request for clarity, saying that RHODE is not affiliated with or connected to the pop-up in any way. RHODE further warned the consumer that any goods purchased outside of their official website may be counterfeit.

With angry consumers taking to social media to track down the host of the pop-up, an official statement was released by the host of the pop-up store alleging that the goods were parallel imports and that the host had taken the necessary steps to ensure that the products were genuine. This situation reminds consumers to be mindful of the difference between genuine and counterfeit goods.

Genuine goods are products that emanate from the brand owner itself, either directly or through an authorised licensee. Counterfeit products, on the other hand, deceive consumers into thinking that they are genuine when in fact, they are made without the brand owner’s permission or knowledge.

Counterfeit goods are where a trademark is applied to products without the authorisation from the proprietor of the trademark, with the aim of imitating genuine products. Counterfeit goods are, more often than not, of a much lower quality than genuine goods.

There is a third category of goods, namely parallel imports/grey goods, which refers to the importation of genuine goods from one country to another without the necessary authorisation or license from the registered owner. As these goods are genuine, they are not unlawful – they are simply not brought into the country through the brand owner’s authorised channels. When grey goods are promoted for sale to the public, there must be clear disclosure that the goods are parallel imports and do not emanate directly from the brand owner.

Trade marks are territorial in nature, meaning that international brand owners need to protect their brand in all the territories their products are sold in or intend to be sold in. Securing brand protection facilitates the swift enforcement of intellectual property rights against unauthorised use across different territories.

Consumers should exercise caution and undertake due diligence to ensure the authenticity of the goods they are purchasing. Conducting research on product providers, being vigilant against parallel import disclaimers, and observing discrepancies in packaging can help consumers make informed purchasing decisions and potentially save consumers money down the RHODE.

*Suleman is an associate at the trademarks department at KISCH IP.

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