#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...


This article first appeared on 702 : #FillUp trademark is not registered, it's still pending- Lawyer


Recommended

by NEWSROOM AI
Read More
[LISTEN] Up close and personal with Enhle Mbali Maphumulo

[LISTEN] Up close and personal with Enhle Mbali Maphumulo

Actress and businesswoman Enhle Mbali Maphumulo talks about the upcoming gala dinner at the Mandela House.

[WATCH] #702Unplugged SA singer Daniel Baron on the business of music

[WATCH] #702Unplugged SA singer Daniel Baron on the business of music

Baron joined Azania Mosaka in studio for this week's 702 Unplugged.

[LISTEN] Why has no one invented an air conditioner that uses solar power?

[LISTEN] Why has no one invented an air conditioner that uses solar power?

Naked Scientist Chris Smith says it's not practical.

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
Gigaba implicated in Transnet impropriety

Gigaba implicated in Transnet impropriety

Gigaba has been fingered in a forensic investigation related to the procurement process for locomotives from China South Rail.

[LISTEN] Cervical cancer is the only cancer that is caused by sex - Dr Eve

[LISTEN] Cervical cancer is the only cancer that is caused by sex - Dr Eve

Dr Eve discusses cervical cancer and how it can be prevented.

Angry customer stops at nothing to expose bad service at upmarket hotel

Angry customer stops at nothing to expose bad service at upmarket hotel

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone Viral'.

Motorist who killed two goslings has been identified

Motorist who killed two goslings has been identified

According to the SPCA, he will be charged with contravention of the Animal Protection Act.

Gift of the Givers' Dr Imtiaz Sooliman – angel amongst men – talks about money

Gift of the Givers' Dr Imtiaz Sooliman – angel amongst men – talks about money

"I have no desire for clothes. I have no desire for holidays. I have no desire for outings. All I see is the suffering of people…"

Group distances itself from N2 car spinners caught on film

Group distances itself from N2 car spinners caught on film

It turns out that the petrol heads who span cars on the N2 were part of the SA Torque Cape Town Breakfast Run.

Uber customer threatened with hockey stick by driver

Uber customer threatened with hockey stick by driver

An Uber customer shares how she was threatened by an Uber driver with a hockey stick after a disagreement.