The legal counsel and spokesperson for the Television and Production Exponents Inc. (TAPE), the producer of the noontime show “Eat Bulaga,” said Tito and Vic Sotto, and Joey de Leon, known as TVJ, should respect the company’s right to appeal the decision of the Intellectual Property Office of the Philippines (IPOPHL).
In a decision dated Dec. 4, IPOPHL’s Bureau of Legal Affairs (BLA) granted the petition of TVJ to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE.
"Eat Bulaga" and TVJ (Photos from TAPE's Facebook account, Instagram account "EatBulaga1979")
TVJ’s lawyer, Enrique “Buko” dela Cruz, told the “Abante TeleTabloid” show that under the rules, TAPE can appeal the decision.
“Sa ilalim kasi ng rules natin, pwede pa silang umakyat hanggang sa Court of Appeals, hanggang sa Supreme Court (Under our rules, they can go up to the Court of Appeals, up to the Supreme Court),” said Dela Cruz.
In response, TAPE’s lawyer Maggie Abraham-Garduque, said TAPE has the right to appeal the decision.
“Yes I watched that interview of Atty. Buko kay Mr. Fu. I’m glad that he understands that the case is not yet final with IPO and TAPE, Inc. has the right to appeal the decision of the adjudication officer of BLA [Bureau of Legal Affairs] to cancel their trademark. If we are talking of respect, I hope TVJ will also respect this right of TAPE, Inc to appeal and thereby not use ‘Eat Bulaga’ while the case is on appeal,” she said.
Dela Cruz said they have filed an injunction with the Marikina Regional Trial Court Branch 273 to stop TAPE from using the trademark “Eat Bulaga.”
Last June, TVJ, and Jeny Ferre filed the case against TAPE and GMA Network, which airs the show.
TVJ and Ferre’s case is “Copyright Infringement and Unfair Competition under R.A. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, with Application for Issuance of a Writ of Preliminary Injunction.” The hearings for the case ended on Oct. 23.
They are asking the Marikina court to issue an injunction to stop TAPE from replaying “Eat Bulaga” episodes, segments and audio-visual recordings done before May 31 this year and using the title “Eat Bulaga.”
Dela Cruz said the decision by the court on the injunction may come out in January.
“Yes hinihintay namin na lumabas iyon. Most likely baka mga January (Yes we are waiting for it to come out. Most likely, perhaps in January),” he said.
If the court issues an injunction, TVJ will use “Eat Bulaga” on their show.
Abraham-Garduque said she was bothered by his comment.
“Pero mas concerned or should I say bothered ako sa last statement nya na alam nya na January magrerelease ng decision ang RTC Marikina sa copyright case at maglalabas din daw ito ng injunction laban sa TAPE Inc. Sinabi nya na ito ang hinihintay nya para magamit na nila ang ‘Eat Bulaga’ sa January. He is putting RTC Marikina in a compromising situation na parang alam na nya ang decision ng court (But I’m more concerned or should I say bothered about his last statement that appears that he knows that the RTC Marikina will release its decision in January in the copyright case and it will allegedly issue an injunction against TAPE, Inc. He said that this is what they have been waiting for so that they can use ‘Eat Bulaga’ in January. He is putting RTC Marikina in a compromising situation that he apparently knows the decision of the court),” she said.