The lawyer for the Television and Production Exponents Inc. (TAPE), the producer of “Eat Bulaga,” asserted that Tito Sotto, Vic Sotto and Joey de Leon, known as TVJ, and Jeny Ferre cannot claim for copyright infringement since they do not own the registration for the name of the noontime show.
TVJ and Ferre filed a case against TAPE and GMA Network with 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” about “Eat Bulaga.”
The new hosts of "Eat Bulaga" (top) and Tito, Vic and Joey (bottom) (Photos from TAPE's Facebook account and "Eat Bulaga 1979" account on Instagram)
Last July 27, the first hearing was held by the court for the application for preliminary injunction on the copyright infringement and unfair competition case.
TAPE Inc., through its lawyer Maggie Abraham-Garduque, said during the hearing, De Leon became the first witness wherein he admitted that they do not have copyright registration for the name and logo of “Eat Bulaga.”
Last February, TVJ filed an application with the Intellectual Property Office of the Philippines (IPOPHL) to trademark the name “Eat Bulaga.” De Leon filed a separate trademark application with IPOPHL in March.
TAPE previously said it is the prior registrant for the “Eat Bulaga” name and logo. Its registration expired on June 14 this year.
Abraham-Garduque insisted that registration is important to the case.
“This is very crucial and very basic in a copyright infringement case. You are required to have copyright registration first before you can file for infringement including a demand for compensation,” she said.
She added, “This is the reason why owners need to register their copyright if they want to pursue any legal action. You don't need to tell stories, you just have to show your certificate of registration to establish ownership of the copyright.”
The lawyer earlier said that TVJ cannot register copyright on the name and logo of “Eat Bulaga” because these are marks which should be registered before the Bureau of Trademarks of the IPOPHL.
Abraham-Garduque said TAPE has the trademark registration of the “Eat Bulaga” name and logo.
She previously mentioned that the name and logo of “Eat Bulaga” are a trademark and not copyright.
“But at any rate assuming without admitting na copyright nga ang name and logo sa copyright infringement case required ang registration bago ka makapag-file,” she said.
TVJ left “Eat Bulaga” and TAPE, and transferred to TV5 to host the show “E.A.T.” starting July 1.
“Eat Bulaga” resumed programming on June 5 with new hosts. The show’s hosts are Paolo Contis, Kimpoy Feliciano, Betong Sumaya, Alexa Miro, Mavy Legaspi, Cassy Legaspi, Buboy Villar, Glaiza de Castro, Dasuri Choi, Michael Sager, Isko Moreno, Kokoy de Santos, Winwyn Marquez, Yasser Marta and Chariz Solomon.