Last week, Refiloe Maele Phoolo commonly known as Cassper Nyovest announced on Twitter that he would be taking legal actions against the Tsonga superstar, Benny Mayengani, for using his “#FillUp trademark”.
This caused a stir in the country, especially on twitter. Most Celebrities were supporting Cassper but the EFF weighed in on the drama, labeling Cassper a “bully” and offered Benny legal protection.
When Tweeps had really involved their feelings in the matter, we find out that Cassper doesn’t actually own the trademark.
According to research conducted, Refiloe had applied for the trademark with the Companies and Intellectual Property Commission (CIPC) in November 2016 but had not completed the whole process of registering the trademark. A person who has applied for a trademark but had not yet registered it cannot prevent another person from using it. However, once granted, they can retrospectively take action against its use while the trademark status was pending. Thus meaning that once the trademark is registered Cassper could take legal action against Benny.
Cassper even admitted and defended himself in the following way: