The lawyer of the Television and Production Exponents Inc. (TAPE), the producer of the noontime show “Eat Bulaga,” has commented on the complaint for alleged copyright infringement and unfair competition filed against the company and GMA Network.
The complaint was filed by Tito and Vic Sotto, Joey de Leon, and Jenny Ferre before the Marikina Regional Trial Court Branch 273 for “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.”
(Clockwise from left) TAPE lawyer Maggie Abraham-Garduque, "Eat Bulaga" hosts and Tito, Vic and Joey (Photos from Abraham-Garduque's Facebook account, Sparkle GMA Artist Center Instagram account and "Eat Bulaga 1979" Instagram account)
“I do not have a copy of the complaint yet but if the news is correct that the case filed is for alleged infringement and unfair competition on the name ‘Eat Bulaga,’ then it is not a copyright infringement. ‘Eat Bulaga’ name, the design of the name and the logo is a ‘trademark’ and not subject of copyright,” said TAPE lawyer Maggie Abraham-Garduque.
She added that “TAPE, Inc. has the registration of the tradename ‘Eat Bulaga’ so they cannot file infringement against the registered owner of the trademark. Their petition for cancellation of the trademark of ‘Eat Bulaga’ is still pending before the IPO [Intellectual Property Office] and until such time that said petition is granted, the trademark ‘Eat Bulaga’ and ‘EB’ will be owned by TAPE Inc.”
“At any rate, we will comply with the summons to file answer within 30 days from the receipt of the complaint,” said Abraham-Garduque, who once served as a lawyer of comedian Vhong Navarro in his rape case.
She earlier told Manila Bulletin that TAPE is the prior registrant of the “Eat Bulaga” trademark based on a certificate of registration and letter issued by the IPO.