Cassper Nyovest may have kicked up a massive fuss on social media about alleged trademark infringement on #FillUp, but it looks as if he might be taken to court for allegedly using someone else’s intellectual property without permission.
Last week the artist and producer accused fellow musician Benny Mayengani of infringing Nyovest’s copyright of the hashtag which Mayengeni used to attract concert-goers to a show at Giyani Stadium in Limpopo.
Nyovest sent a cease-and-desist letter to Mayengeni, despite revelations in the media that he did not actually properly register the trademark.
However, this week, the Saturday Star has seen communications between promoter Kabelo Hlongwane and Nyovest’s manager, Lerato Moiloa, where the former accused Nyovest of trademark infringement.
Hlongwane, as a car-spinning enthusiast, owns the trademark to the word “Gusheshe” and “Gusheshe festival”, which he registered in 2009 because of his plans - that still have not come to fruition - to start a spinning festival. The word is used in slang terms to refer to a specific make of car, but also means to “go fast”.
In 2013, Nyovest released an album, by the name of Gusheshe, even using the same motor vehicle make on the album cover.
Speaking to the Saturday Star this week, Hlongwane said he tried to approach Nyovest about the trademark issue recently but had been referred to the artist’s lawyer and given an apparently incorrect e-mail address that does not seem to work.
Hlongwane has since approached Khumisi Kganare, of Kganare and Khumalo Attorneys, who confirmed the promoter had approached him to initiate legal action over the Gusheshe trademark.
The Saturday Star has seen Hlongwane’s two certificates of registration from the Registrar of Trademarks, signed in 2012 and 2014, though retroactively live since 2009.
The certificates say that the use of “Gusheshe” is trademarked under two classes, the first for education, training, entertainment, sporting and cultural activities, the second for advertising, business management, business administration and office functions.
Hlongwane said he wished to test in court the relation between copyright and trademark infringement, as he has to protect his intellectual property as an entrepreneur.
“I’m not fighting Cassper, I’m not anyone’s enemy. But it shows that the producers of his album didn’t do due diligence and check if the name was registered. They used my trademark without telling me,” he said.
“As small companies, we have to comply with registering our property, but bigger companies must do the due diligence. They can’t just do what they want,” he said.
Moiloa said he refused to respond to Hlongwane’s allegations. He said the promoter should have spoken to him before approaching the media.
He also refused to allow the Saturday Star to put a query through to Nyovest’s lawyers.