BNXN, Cruel Santino & the importance of artist name trademarks
A previously neglected area of the music business in Nigeria
Around this time three years ago, BNXN, the artist formerly known as Buju was beginning to infiltrate ears and turn heads with his distinct, folk-tinged voice. As his stock rose and singles like the Zlatan-assisted “Spiritual” and “L’enu” brought him closer to the mainstream, the singer, was consistent in clarifying the source of his stage name: It was an abbreviation for “Beauty underneath just understood,” an expression that meant a lot to him. The reason for the clarification was glaring, since anyone could’ve concluded that he wilfully and liberally borrowed the moniker from popular Jamaican reggae/dancehall artist, Buju Banton.
Earlier this year, the man born Daniel Benson announced that his stage name going forward would now be the latter half of his government name, stylised as BNXN. There were no public explanations, and no philosophical reasons as to why he changed his stage name away from one that clearly meant a lot to him. While it may have very well been a straightforward artistic choice, the music industry hallways are always buzzing with spicier reports on these sorts of decisions. In this case, the speculation is that the Nigerian singer formerly known as Buju reached the awareness of Buju Banton and his team, after it became news that he would be serving as an opening act on Jamaican superstar Koffee’s next world tour.
You might wonder, why would it bother a renowned Jamaican artist that his moniker is very similar to that of a burgeoning Nigerian artist? The answer is a two-fold reason that merges into one very strong argument: We live in a highly connected, globalised world, and the legality of an artist’s name is a unique feature. In terms of the former, it’s now trite to say streaming and social media has broadened the reach artists can aspire to, from local fame to worldwide recognition, a trajectory BNXN has been on with each solo release and feature-killing appearance. It’s the story of Nigerian pop music these days, where nascent artists are quickly exposed to audiences beyond boundaries and continent-separating oceans.
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“It’s not just about the name, it’s the brand equity that comes with the name.”
With the upcoming Koffee tour, Daniel Benson might have been Buju to many new listeners, but to other listeners outside the African continent, he was effectively affecting the knowledge and prominence of Buju Banton, which leads to the other side of the argument. When these instances such as BNXN occur, there’s legal provision that helps protect that uniqueness and everything that comes with it. “Trademark, in general, is the aspect of intellectual property law that protects brand equity,” Oyinkansola Fawehinmi, a Lagos-based lawyer and music executive popularly known to insiders as “Foza,” tells The NATIVE. “It’s not just about the name, it’s the brand equity that comes with the name.”
Trademark is a precept applicable to any and everything with a distinct attached value. Names, logos, and colours, can be protected under trademark law, with the affiliated persons or entities owning exclusive use as long as these features are registered to them. This level of control plays a huge role not just as a means of stamping identity, but also within the very broad concept of branding. Every brand has a perception they want to create and an image they want to project, in addition to the services they offer, which makes distinct features like names and logos quite significant. Trademark prevents any copycats from gaining off the value attached to these features, making them recognisable and solely attributable to their owners.
As everyone with the faintest knowledge of the music business will tell you, an artist is a brand. Since names are important in the base level of brand identity, trademarks are an integral part of the music business. In Nigeria’s developing music industry, where due process isn’t always kindly received, trademarks aren’t being widely used just yet. “It’s kind of something we’ve been saying for a while now but people don’t really pay attention, because the posture in Nigeria to trademark and IP in general is quite lukewarm,” Foza explains of the parochial situation. “A lot of people have just neglected this thing over the years and no real action has been taken.”
Well, it looks like the days of zero consequences are winding down. Amidst the 2020 lockdown, the Nigerian experimental artist now known as Cruel Santino revealed that he had to lengthen his moniker following a strong request from a Spanish artist with whom he shared his previous stage name, Santi. Formerly known as Ozzy B, the artist had made the previous moniker change while undergoing an artistic rebirth that saw him move from rap lyricist to outré, fusion leanings. But this moment was different given that the name was inspired by his obsession with American genre-mashing singer/rapper Santigold, making the nominal situation with the Spanish artist Santi an honest coincidence.
These days, most Cruel Santino fans still refer to him by that immediate, previous moniker, mainly because it’s a shortened version of the current one. However, the change underlines the real implications of using a trademarked entity when it’s not registered to you. It’s also interesting that the change happened after ‘Mandy & the Jungle’, the 2019 debut album that increased Cruel Santino’s notoriety in the U.S. and across Europe, which may have caught the attention of the Spanish artist Santi and/or their reps, and ultimately enforced the change. “Even if your local situation isn’t as stringent, you have to be more responsible in the global age,” Foza says.
Within the context of music globalisation, though, it doesn’t mean name trademarks aren’t globally binding. That an artist registers their name as a trademark in Nigeria doesn’t mean it automatically translates in the UK, or even any other African country for that matter. According to Foza, it’s advisable that Nigerian artists locally trademark their stage names as soon as they’re certain of their path, regardless of their popularity. As they begin to grab more attention and based on future projections, they should start the process in other international territories.
“What we usually recommend is, there are some treaties that allow you to do one singular registration and you’re protected in Europe in general or America in general,” Foza explains. “Africa doesn’t have a central trademark thing going on, so you have to go to each country to register your trademark. So, if you’re an artist that’s starting out in Nigeria, what we usually advise is that you register in Nigeria and as your audience grows, we usually recommend you register in the UK because it’s very receptive to Afrobeats. If you see or feel that in the next 2 to 3 years, your band is going to grow into something exponential, you register in America.”
It’s sound advice, considering that even in more diligent music ecosystems, name trademarks are still disputed over. In 2020, the country music band formerly known as Lady Antebellum sued the American blues/soul singer Lady A over nominal rights, after the band decided to remove the “ntebellum” part of their stage name, due to its ties with slavery, following the wave of civil rights protests in the wake of George Floyd’s brutal murder at the hands of police officers. After the band announced their name change, it became wider news that there was an artist who had been recording and performing under that moniker for over two decades. Both acts filed lawsuits against each other, and eventually settled earlier this year, but the dominance of the band on web search engines and streaming search tabs proves the importance of outright, legal ownership of a registered trademark.
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The semantics of registering a trademark are slightly more complex than picking a name. For example, “you can’t register your natural name, except that you’ve built so much clout with that name,” Foza tells me towards the end of our conversation via WhatsApp call. “Even someone like Beyoncé, she had to use the apostrophe to distinguish it. You can’t register state names, location names and the like; the other thing to it is maybe changing the spelling, changing the logo, changing how it’s written. So, even BNXN isn’t spelt the regular Benson, because naturally you can’t trademark that because it’s a lot of people’s name.”
Further, trademarks work in classes, meaning that a feature is only peculiar to a person or entity in each class it is registered. If an artist registers their name in the entertainment services class, that name can be used by someone else in another class. “If you’re registering, say, Foza in the Entertainment services department, it means no one can use Foza as a stage name, as a performing actor, as an actor or whatever it is,” she explains. “However, someone can use Foza in the cooking industry. If I don’t want anyone to use Foza for anything at all, I have to register for each class.”
Trademark is quite nuanced, but it’s quite the imperative endeavour because, as Foza puts it, “anything can blow up.” While BNXN might not have envisaged that his previous moniker would have caused a minor wrinkle in his transition, and Cruel Santino was entirely oblivious of the Spanish artist Santi, they are solid examples of why artist need to invest in the details of what makes them identifiable. Both artists have moved on quite well from these name changes—BNXN is part of the biggest song in Nigeria at the moment and Cruel Santino recently dropped his sophomore album to much conversation—but that sort of smooth transition might not always be possible for every artist that falls into the same situation.
When it comes to trademarks, like they say, to be forewarned is to be forearmed. Or as Foza bluntly puts it, “We’re no longer in the era of artists being negligent, you could get away with it before but now you can’t.”
ICYMI: AUDIOMACK PARTNERS WITH MUSIC BUSINESS AFRICA & SPONSORS THEIR WOMEN’S FUND
Luwa.Mp4 Releases Riotous Debut Album, ‘punKstA*’
Across the album’s 12 tracks, Luwa.Mp4 continues his fiery exploration and fusion of genres like Punk Rock,...
Rising singer and rapper Luwa.Mp4 has released his debut album titled ‘punKstA*.’ The underground star who has been on a release spree all year long, announced the imminent arrival of his debut only a couple of days ago with a cryptic trailer video and an Instagram caption that simply read ‘PUNKSTA* MONDAY.’
Before the arrival of ‘punKstA*,’ the rising fusion star had been showcasing his diligence and talent with a consistent output that has seen him put out over a dozen songs since the start of the year. A string of singles led to a 6-pack titled ‘lore skooL,’ while a deluxe version that housed 5 new songs came just a month later.
His debut album’s lead single, “pUNK FANTASY,” arrived in late July, setting the stage for what could prove to be a pivotal moment in the underground star’s burgeoning career.
Across the album’s 12 tracks, the eclectic singer continues his fiery exploration and fusion of genres like Punk Rock, Afropop, Hyperpop, and Rap into something uniquely different. Tracks like “Pure Water,” which was previously teased on Cruel Santino’s Subaru Live Stream, the abrasive, Tecno-influenced “pROMISED NEVERLAND,” and the more laidback “pEEp MY RIDE” put on display the sort of varied, autotune-soaked approach that has set him apart and helped carve a growing niche.
While Luwa decided to go solo on his debut, credited as the only recording artist, the album was brought to life by a cast of talented producers like frequent collaborator TOPSY, Emyboi, JTRN, 3CB, FVKK.ANDI and Jeremy Cartier.
Listen to ‘punKstA*,’ here.
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Shekhinah Returns With Surprise Album, ‘Less Trouble’
The South African R&B star is at her most assertive on her first album in four years.
South African R&B and Pop singer Shekhinah has released a new surprise album titled ‘Less Trouble.’ The Durban star, who had been quiet for most of the year, took to social media shortly before midnight to share the new album’s cover, synopsis, and tracklist, simply stating, ‘If you’re seeing this my album LESS TROUBLE is out now at Midnight,’ in an Instagram caption.
The soulful singer first began teasing ‘Less Trouble,’ her first album in over four years, about a year ago when she released its lead single “Risk,” a bouncy Afropop-inspired collab with Ghanaian star MOLIY. A few months after the release of “Risk,” she put out “Steady,” a dreamy pop number that suggested that something bigger was on the horizon. But then it was largely radio silence about a project until its surprise arrival at midnight.
If 2021’s ‘Trouble In Paradise’ represented a coming-of-age for Shekhinah, subsisting some of the dreamy, youthful exuberance of her debut album for more measured musings on themes like heartbreak and grief, ‘Less Trouble’ finds her at her most assertive, writing and singing with the acuity of someone who is grown, decisive and discerning. The delicate opener “Break Up Season” sets the tone for the rest of the album as she shows little tolerance for shady behaviour and toxic patterns.
Other standout cuts on the album like “Bare Minimum,” a sombre collab with fellow South African award-winning singer lordkez, the ethereal, in-your-face interlude “New Casanova,” and the percussive “What Are We,” where Shekhinah contemplates the nature of a relationship but ultimately demands all or nothing, all drive home a part of the album’s synopsis, which reads ‘A BOOK ON MORE HEARTBREAK BUT LESS HEARTACHE.’
Shekhinah invites a couple of new collaborators on ‘Less Trouble,’ featuring the aforementioned MOLIY and lordkez as well as multi-instrumentalist Mars Baby and Young Stunna across the album’s 11 tracks. Mpilo Shabangu handled the majority of the album’s production, while other producers like Michael Morare, her longtime collaborator, Mthintheki Mzizi, and Vuyo also contributed to the album.
Listen to ‘Less Trouble’ here.
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The NATIVE’s First Impressions Of Amaarae’s ‘Black Star’
‘Black Star’ marks another evolutionary arc for Amaarae, and The NATIVE team offer our thoughts after a...
Change has always been a constant theme in any discussion about the career of Ghanaian-American star, Amaarae. Since she emerged as a singular voice in the late 2010s, she has evolved from a sirenic Afropop-adjacent singer into a Punk-Pop firestarter with minimal fuss. ‘Fountain Baby,’ her 2023 sophomore album, was a sweeping departure from the lilting melodies and shapeshifing cadences of the hypnotic ‘The Angel You Don’t Know,’ emphasizing her commitment to charting new courses with her music.
In the lead-up to her new album, ‘Black Star,’ she has wholly embraced a Pop aesthetic and sheen that was reflected on the album’s promotional singles, “S.M.O.” and “Girlie-Pop!.” Now that the album has arrived, the singer has advised listeners not to go in expecting a continuation of the soundscape on ‘Fountain Baby.’ As keen followers of Amaarae’s career from its start, we are sure that ‘Black Star’ marks another evolutionary arc for her, and we offer our thoughts after a few listens.
WHAT WERE YOUR EXPECTATIONS OF AMAARAE GOING INTO THIS ALBUM?
Kemnachi: I had zero doubts that she would impress me again. Amaarae always comes correct. She is audacious with her choices, taking creative risks most artists would not dare to imagine, and somehow rendering them seamless, deliberate, and effortless. Her music has a way of enveloping me: it’s fluid, slightly dangerous, and yet irresistibly sensual. Every project feels like an immersive world she has curated down to the finest detail. With ‘Black Star,’ I knew it was not going to be a mere collection of songs but another meticulously constructed realm.
Bamise: I expected something fun, genre-bending, and sonically diverse in the fashion that Amaarae’s music typically is. I may have taken the album title a bit too literally, though, because listening made me realise I had an eye out for some Pan-African statements or something to spark discourse on African identity, but I didn’t quite catch any of that.
Boluwatife: Amaarae has largely delivered throughout her career, so I knew she was going to come correct again. She’s one of those forward-thinking artists who take the kind of risks most others wouldn’t, but she always manages to make it work. She’s proven to be a musical omnivore who constantly meshes her wide-ranging influences into something new, fluid, icy, and more often than not, sensual. I knew ‘Black Star’ wasn’t going to be any different.
WHAT SONGS STOOD OUT ON THE FIRST LISTEN?
Wale: I liked “Girlie-Pop!.” I feel like it captures Amaarae’s vision of pushing Afropop into the future. She’s also really grown comfortable with music and lyricism and will not dumb down her message for anybody. The instrumental for “Girlie-Pop!” is also a wonder; it’s so dense, but there are pockets for Amaarae to be emotive about her feelings. Top song!
Daniel Akins: I need to hear “B2B” at the next rave I’m at. Amaarae is in her Dance era, and I’m here for it. Kiss Me Thru The Phone pt 2” with PinkPantheress is the collaboration I knew I needed, and I’m glad they finally linked up. It’s a clear standout on the project; their ethereal style complements each other.
Shina: “B2B” was the one that did it for me. That is my favourite track on the project. The number of times I ran it back was unhealthy for a first listen. It was also really fun to catch the Don Toliver “Best You Had” sample. I need to hear this outside!
HOW WELL YOU THINK THE GUEST APPEARANCES ENHANCED THE LISTENING EXPERIENCE?
Israel: The guest features on Black Star aren’t mere flexes. They’re strategic, theatrical, and sometimes emotionally resonant. They enhance, yes, but they do so on Amaarae’s terms. A standout for me was PinkPantheress on “Kiss Me Thru The Phone pt 2.” The tradeoff is that a few songs feel like dazzling cameos rather than an integrated conversation, yet overall they enhance the album’s drama, texture, and bravado with precision.
Daniel Banjoko: Everyone showed up and delivered, no weak links here. Instead of just guest spots, they felt like vital pieces of a bigger puzzle. Charlie Wilson on “Dream Scenario” nailed his part especially, making the track sound exactly like its name promises.
Moore: The guest appearances on ‘Black Star’ feel very intentional; each one enhances the album’s world without overshadowing Amaarae’s vision. PinkPantheress’s signature airy delivery meshes with Amaarae’s experimental pop sound. Naomi Campbell’s commanding voice on “ms60” is an unexpected but powerful addition, adding drama to the track. Each feature feels carefully chosen.
WHAT SONG IS THE BIGGEST SKIP?
Bamise: Not to be a party pooper, but I don’t get the PinkPantheress collab, “Kiss Me Thru The Phone pt 2.” It feels like a PinkPantheress song with less pop in it, and just borrows the title of the iconic Soulja Boy song but has no other similarities. It’s between that and “ms60.” For me, the chorus of that sounds like something I’ve heard from Amaarae before, and I doubt its absence would have diminished the album.
Shina: I feel like biggest skip is a strong word for a solid project, but if I have to pick a song to skip, it’ll be “ms60.” I think it’s easily forgettable.
Wale: It’s hard to single out a song that stuck out to me, but hearing Naomi Campbell on “ms60” threw me off. It’s just too contrived to bear for me.
WHAT SONG HAS THE BIGGEST HIT POTENTIAL?
Boluwatife: My gut answer would probably be “She Is My Drug,” just because of how she beautifully reworks the melodies from Cher’s “Believe.” DJ remixes of this song could go crazy. But if I were to think a bit more logically, TikTok would probably lap up “Kiss Me Thru The Phone pt 2.”
Daniel Banjoko: “Kiss Me Thru the Phone pt 2” goes crazy. Amaarae and PinkPantheress are the perfect match. This collab feels like it was destined to happen, and it delivers in full. Honestly, I can’t believe it took this long, and now I just need more tracks from these two, ASAP.
Moore: “Kiss Me Thru The Phone pt 2” has the biggest hit potential on the album. The song has a nostalgic, sad party girl vibe that makes it appealing, and it’s also catchy and well-produced. PinkPantheress consistently performs well on platforms like TikTok, and her fanbase overlaps in a really interesting way with Amaarae’s. The collaboration feels organic and exciting, and will likely create a lot of buzz.
OVERALL FIRST IMPRESSIONS
Wale: There is a very visceral quality to how Amaarae expresses desire that I don’t hear very often in a lot of music. It’s abstracted and warped in futuristic textures, but it’s very profoundly human, and it’s always great to hear that even as she advances the sonics of her delivery. I do, however, have an issue with the thematic scope of ‘Black Star.’ I thought there would be overt references to her experiences of navigating her Ghanaian identity, but those references are limited to samples and interpolations. It’s still an incisive listen and a triumph for finding ways to advance music from Africa.
Bamise: It’s Amaarae; she can never go wrong. But for me, this is the album that excites me the least from her catalogue. Other than how bass-heavy some songs on the album are, like “S.M.O.” and “She Is My Drug” among others, it feels similar to other projects I’ve heard from her in a way that’s not exactly refreshing or mind-bending. I may have gotten spoiled by how diverse and eclectic Amaarae’s music tends to be, but I wanted more from her. I expected more gangster, Hip-Hop Amaarae. Thematically, I didn’t get anything that gives the Black Star of Ghana, or black stars are ruling the world. Will I listen again and enjoy every bit of it still, though? Yes, I will.
Shina: So first off, this is a solid body of work. I love the fact that Amaarae stuck with the Dance, Electro-Pop route she was going with throughout the album. The features also played their part, adding their unique touches to each record. I would say, though, a feature I would’ve loved to hear on this project is 070Shake. I think she would have been perfect on “100DRUM,” but we don’t always get what we want, do we? Thematically, I think Amaarae could’ve leaned heavily on her Ghanaian heritage, seeing as the title and cover of the album are a nod to that. Maybe Amaarae just wants us to dance, and that’s what I’m just gonna do, and you should too.
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