#FillUp trademark is not registered, it's still pending- Lawyer

Social media and the entertainment industry has been abuzz the past week over the #FillUp tagline.

This comes after rapper Cassper Nyovest said he has trademarked #FillUp and no other artist should use it.

Tsonga music artist Benny Mayingane recently used the phrase to fill up Giyani stadium with over 25 000 people.

Some people questioned why the rapper would trademark a common phrase and the EFF called him a bully.

To understand the concept of trademarks, Lee Kasumba spoke to Carl Van Rooyen who is a partner at Spoor And Fisher.

The trademark is not registered. It's still pending.

Carl Van Rooyen, Partner at Spoor And Fisher

In the context of all this dispute, I think this is very important because, in terms of the trademark act, you only acquire rights from the date it is registered.

Carl Van Rooyen, Partner at Spoor And Fisher

Until it's registered, he's got a piece of paper that sits there with DTI. For the time being, he's got no registered rights. So there is no way he can take Benny to court on the basis of trademark infringement.

Carl Van Rooyen, Partner at Spoor And Fisher

However Van Rooyen says assuming that the trademark is later registered by DTI, Nyovest can claim for damages from Mayangani for the ticket sales.

If the registration is complete, then the certificate will date back to 2016.

Carl Van Rooyen, Partner at Spoor And Fisher

In theory, he still has a damages claim against Benny.

Carl Van Rooyen, Partner at Spoor And Fisher

Listen to the full interview below...


Recommended

by NEWSROOM AI
Read More
[WATCH] 16-year-old Josh Middleton on his love for music and international deal

[WATCH] 16-year-old Josh Middleton on his love for music and international deal

The singer has been performing since he was five years old and sits down with Azania Mosaka to share his new single.

Lady Skollie honoured to be one of the youngest artists to design new SA coins

Lady Skollie honoured to be one of the youngest artists to design new SA coins

She joins Azania Mosaka on the line to share more on her work, the concept behind her own R5 coin and the process.

Here is why you should always ask service provider for a price

Here is why you should always ask service provider for a price

Consumer journalist Wendy Knowler speaks to Aubrey Masango, standing in for Azania Mosaka.

Jay-Z, Beyoncé, Pharrell, Cassper Nyovest and more on the Global Citizen lineup!

Jay-Z, Beyoncé, Pharrell, Cassper Nyovest and more on the Global Citizen lineup!

Since the festival began in New York in 2012, Global Citizen has grown into one of the largest platforms for young people.

Jason Derulo and Cassper Nyovest collaborate on 2018 FIFA WC Coca-Cola anthem

Jason Derulo and Cassper Nyovest collaborate on 2018 FIFA WC Coca-Cola anthem

Coca-Cola set to release anthem “Colours” in celebration of the world’s biggest football tournament on 16 March.

Cassper applauds team for #FillUpFNB

Cassper applauds team for #FillUpFNB

Cassper Nyovest chats to Stephen Grootes about filling up FNB Stadium and what motivates him.

Popular articles
Journalist explores what could go wrong with the new street cameras in Joburg

Journalist explores what could go wrong with the new street cameras in Joburg

Daily Maverick's contributor Heidi Swart says service providers that install surveillance monitors need to be responsible.

[WATCH] Mabena's lack of agility has social media in stitches, we are Mabena!

[WATCH] Mabena's lack of agility has social media in stitches, we are Mabena!

Khabazela shares tweets and Facebook posts that have gone viral.

Uber takes to the skies with Uber Air and Uber Copter

Uber takes to the skies with Uber Air and Uber Copter

Uber Air’s flying taxis are specifically designed for short trips. Bruce Whitfield interviews Stuff magazine’s Toby Shapshak.

SA’s richest woman opens up about being a refugee and becoming a billionaire

SA’s richest woman opens up about being a refugee and becoming a billionaire

Magda Wierzycka – Sygnia’s renegade CEO – on her attitude toward money (hopes and fears, successes and failures, etc.).

South Africans are getting poorer and poorer at an increasing rate

South Africans are getting poorer and poorer at an increasing rate

Bruce Whitfield interviews Mike Schussler (Economists.Co.Za), Busisiwe Radebe (Nedbank) and Edward Kieswetter (Sars).

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

TymeBank has no branches and no monthly fees. Most transactions are free. Bruce Whitfield interviews its CEO.