READ: Benny Mayengani’s lawyers’ letter to Cassper Nyovest

The legal tiff between lawyers representing rapper Cassper Nyovest and Tsonga musician Benny Mayengani over the latter’s use of the hashtag #FillUp to promote a gig looks like it will probably end up going nowhere.

Earlier this month, Cassper’s lawyers filed a “cease and desist” order against the star for supposed trademark infringement, after Cassper’s management claimed the rapper had trademarked the hashtag and his permission wasn’t asked before it was used.

Subsequent media reports suggested this was probably not the case.

ALSO READ: Lawyer: Cassper has no registered rights to ‘Fill Up’ phrase

Mayengani’s legal team at B Rikhotso Attorneys (BRA) also addressed Cassper’s lawyers at Chapalain & Associates International in a rather blunt response just over a week ago.

In the letter – which can be read in its entirety below – BRA maintain the position that Cassper’s allegations of trademark infringement against Mayengani are “unfounded”.

“We note that your client has made application, with the South African Companies and Intellectual Property Office, to register the word #FILLUP! in classes 25, 35 and 41,” the letter reads. “As your client’s trademarks have not proceeded to registration, at this stage, your client’s trade mark infringement allegations against our client in terms of the Trade marks Act 194 of 1993 (the “Act”) are unfounded.

ALSO READ: Malema calls Cassper a bully on Twitter

The letter goes on to say BRA’s client is of the view that the #FILLUP! trademark isn’t capable of distinguishing in terms of section 9 of  the Act on the basis that the phrase “fill up” has been around for a very long time and it’s hardly as if Cassper actually invented it in some way.

In support of this, BRA noted the dictionary definition of the phrase (“an instance of filling something”), the fact that other artists have used the phrase to promote gigs and, perhaps most crucially, in the past, the Registrar of Trade Marks called for a disclaimer on the word and refused to trademark it.

“Accordingly our client is of the view that its use of the phrase FILL UP, in no way infringes your client’s rights (if any at all) and that there is no wrongdoing on his part,” the letter reads.

BRA’s document states they’re willing to settle the matter amicably but if Cassper’s lawyers aren’t, they’ll consider opposing legal action against him.

An investigation earlier this month found that Cassper does not actually own the #FillUp trademark after he said he would be taking legal action against Mayengani for using the phrase to market his Fill-Up Giyani Stadium concert, which sqw more than 25,000 people showing up.

The EFF has taken Mayengani’s side, calling Cassper a “bully”.

Trademark records for the phrase revealed that Cassper, real name Refiloe Maele Phoolo, applied for the trademark with the Companies and Intellectual Property Commission in November 2016, but it remains to be granted.

Legal letter to Cassper Nyovest over #FillUp phrase by Charles Cilliers on Scribd

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