- Cassper Nyovest is unable to take legal action against Benny Mayengani over the use of #FillUp
- While Cassper has applied for ownership of the phrase, it has not been approved so it is still open for public use
- Once his request has been approved, only then can Cassper take Benny Mayengani to court
Cassper Nyovest has been threatening to take legal action against fellow musician Benny Mayengani for using #FillUp to promote his upcoming gig at Giyani Stadium, but sadly for Cassper, it turns out that there is nothing he can do about it.
Cassper has attempted to trademark the phrase but it has not yet been approved so until the paperwork has gone through, anybody including Mayengani is able to use it without having to pay him.
He placed a motion to own the rights for #FillUp in November 2016 with the Companies and Intellectual Property Commission but it is a very long process and until they have granted Cassper ownership, it is free for anyone to use.
Briefly.co.za has reported that even the EFF party leader, Julius Malema has stepped in to give Mayengani legal aid if the matter made its way into the courtroom, but they might not happen.
Other celebrities have also come out to defend Cassper and his decision to take legal action however Twitter disagreed, saying that he didn’t create the phrase, so he shouldn’t be able to own it.
TimesLIVE reports that the application for the trademark is in its advanced stages and there is still more paperwork that needs to be done on Cassper’s side before it can be completely processed.
The application has so far been approved but the offices have requested that there are a few stipulations to the agreements that need to be met and Cassper needs to confirm that he accepts these terms.
The next step in the process would be for the application to be opened up for people to read and object if they see fit, however Cassper’s trademark has not made it this far.
Adele Els, a copyright lawyer, has stated that while Cassper can’t take any legal action against people who are using the phrase now, he may be able to sue them once the trademark has been approved.
Cassper’s manager, Lerato ‘TLee’ Moiloa has come out to say that they are trying to reach a solution with Mayengani and his team, but nothing has been agreed upon just yet, but they are refusing to give up just yet.
Both Cassper and his manager are not afraid to take legal action if they have to because they have worked hard to create the brand and don’t want someone else to step in and take it away from them.
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