War over #fillUp concept takes bitter twist: Cassper Nyovest banned from stopping Benny Mayengani

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Things have reportedly taken a new turn in the #FillUp war between Cassper Nyovest and Tsonga musician Benny Mayengani.

Last week Cassper became the talk of the town after it emerged that he planned to take legal action against Benny for using the #FillUp concept without getting permission or paying him, as Cassper apparently trademarked the concept.

Cassper's team revealed last week that he would be taking legal action against Benny for using the phrase to market his Fill-Up Giyani Stadium concert, which had over 25,000 people attend. The EFF weighed in on the drama, labelling Cassper a "bully" and offered Benny legal protection.

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However, the matter may never see a court room as the trademark Cassper claims Benny used without his permission has not yet been granted.

TshisaLIVE has seen the trademark records for the phrase which shows that Cassper, who used his full name Refiloe Maele Phoolo, applied for the trademark with the Companies and Intellectual Property Commission (CIPC) in November 2016.

EFF leader Julius Malema got involved in the debacle, labelling Cassper a “bully” and offered Benny legal representation to fight the matter.

However, TshisaLIVE is reporting that Cassper submitted an application for the trademark to the Companies and Intellectual Property Commission (CIPC) in November 2016, but that it had not been granted yet.

The publication states that the application was processed and “accepted with conditions” and that a letter was sent to Cassper in June 2017 informing him of the conditions.

“The office has issued an official action setting out the conditions for acceptance of the application. The trademark applicant needs to respond in writing to the office agreeing to the conditions in order for the application to proceed to acceptance,” senior manager at CIPC’s Head of Trademarks Division Fleurette Coetzee told the publication.

Two copyright lawyers apparently also told the publication that neither party can take action until the trademark is registered because as it stands neither party owns it.

Cassper’s team apparently declined to comment on the matter, saying that it was now a legal issue.


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