Producer Television and Production Exponents Inc. (TAPE) has filed a petition with the Court of Appeals (CA) to reverse the decision of a Marikina court that prohibited it from using “Eat Bulaga” and “EB” and canceled its trademark registrations for the two marks. 

TAPE, through its legal counsel Maggie Abraham-Garduque, filed the petition on Jan. 19, asking the CA to reverse the decision of the Marikina Regional Trial Court Branch 273, which issued a ruling dated Dec. 22, 2023 but was released on Jan. 5 this year on the copyright infringement and unfair competition case filed by Tito and Vic Sotto, and Joey de Leon, known as TVJ, and Jeny Ferre against the company and GMA Network. 

TAPE and TVJ (Photos from the Facebook accounts of TAPE and TVJ) 

"Eat Bulaga" on GMA Network is now "Tahanang Pinakamasaya" (Photo from TAPE on Facebook)

In the decision, the Marikina court ruled in favor of TVJ and Ferre, stating , “Judgment is hereby rendered in favor of the plaintiffs [TVJ and Ferrer] and against the defendants, permanently enjoining defendants Television and Production Exponents, Inc.. and GMA Network, Inc. from” using “Eat Bulaga,” “EB” and “Eat Bulaga and EB” including logos associated with the marks in its shows, programs, projects or promotions.” 

TAPE and GMA Network were also barred from using the “Eat Bulaga” jingle, and airing a playback of all recorded “Eat Bulaga” episodes before May 31, 2023. 

The court also ordered TAPE to pay the plaintiffs P2 million for “committing unfair competition and copyright infringement against the plaintiffs”; exemplary damages of P500,000; and attorney’s fee of P500,000. 

TAPE’s CA petition stated that the Marikina court was wrong in ruling on the “Eat Bulaga” trademark ownership and cancellation when the TVJ and Ferre’s case was for copyright infringement. 

“Indubitably, RTC granted reliefs which are not being sought by the Respondents,” according to TAPE. 

TAPE said based on the complaint by TVJ and Ferre, “the basis of the unfair competition is not due to the use of trademark but because of airing of replayed episodes of ‘Eat Bulaga’ showing TVJ as the hosts on June 1 to 3, 2023 and the continuous airing of the show with new hosts, when allegedly Respondents own the copyright over the show and its derivative works.” 

The petition also argued that “trademark ownership and trademark cancellation is not one of the reliefs sought by the Respondents in the complaint.” 

According to Abraham-Garduque, “TAPE, Inc. calls the Court of Appeals to rectify the decision. The decision is a blatant violation of the rules and the disrespect of the jurisdiction of the IPO on the pending trademark cases.” 

“Foremost, it is a basic rule that a judgment cannot grant relief which is not sought for. TVJ’s complaint only asked the court to rule on whether or not TAPE and GMA committed copyright infringement and unfair competition when it aired replay of the audio-visual recordings of past episodes of ‘Eat Bulaga.’ You can read the complaint filed by TVJ, there is nothing in the prayer in the complaint asking the court to rule on trademark ownership or to cancel the registered trademarks of TAPE on ‘Eat Bulaga.’ The decision should be considered void and violative of due process. Most importantly, this will create a legal dilemma on the part of IPO pre-empting its decision on the trademark cases pending before it,” she added. 

Abraham-Garduque explained, “Also based on that, there is no reason for the court to rule on trademark ownership to decide whether there is copyright infringement and unfair competition. What is needed is for the court to decide if TVJ and Ferre have copyright ownership over these audio-visual recordings of past episodes of ‘Eat Bulaga’ to rule whether copyright infringement and unfair competition are committed. The issue on trademark ownership and cancellation is irrelevant and off-tangent in this case.”

TAPE was able to renew the trademark registration for “Eat Bulaga” for another 10 years last year with the Intellectual Property Office of the Philippines (IPOPHL). 

However, in a decision of an adjudication officer under the IPOPHL’s Bureau of Legal Affairs (BLA) dated Dec. 4, it granted the petition of TVJ to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE. 

TAPE filed an appeal with the director of the BLA on Dec. 12, which is still pending. 

In the CA petition, TAPE said the RTC’s “decision enjoining TAPE to use the trademark and its directive to IPOPHL to cancel the trademark registration of TAPE over Eat Bulaga/EB/Eat Bulaga and EB are not only pre-emptive of the resolution on the pending appeals to Director of BLA-IPOPHIL and Director General of IPOPHL but disrespectful of the jurisdiction of IPOPHL.”  

“RTC knows that its decision on this case is immediately executory therefore the immediate implementation of its decision to enjoin TAPE to use the trademark to its show and to cancel its trademark registration puts in futility the pending appeals TAPE filed before the IPOPHIL. Hence, this execution of the decision must be halted immediately otherwise it will create chaos not only to the show business industry but to the legal system,” said TAPE. 

TAPE added, “The law is clear that whoever is first to file for the registration of the mark, is conferred with the rights to the same unless of course fraud of bad faith attended the registration, which circumstance is not present in the instant case. It thus cannot be denied, that it is TAPE which has conclusive ownership over the Subject Mark considering that it is first to register the same in good faith and in the concept of an owner.”

The lawyer said, “In the same petition, we asked the court of appeals to enjoin TVJ to use ‘Eat Bulaga’ name and logo in their show. Foremost, the decision despite it enjoins TAPE to use it does not categorically states that TVJ can now use it in their show considering that the issue on trademark ownership and cancellation is still pending before the IPO. “

About the airing of “Eat Bulaga” replays on June 1 to 3 after TVJ left the show, TAPE said in the petition, “As producer of Eat Bulaga and therefore owner of the copyright of the audio-visual recordings of the episodes of Eat Bulaga it has the right to air and broadcast a playback of any and all recorded episodes of Eat Bulaga in all channels and platforms.” 

In its petition, TAPE is asking the CA to grant its application for a temporary restraining order (TRO), and issue an order granting preliminary mandatory injunction. 

It also asked the CA to reverse the Marikina RTC decision, thereby, “annulling the order directing IPOPHL to cancel the trademark registrations of TAPE on ÉB/Eat Bulaga/Eat Bulaga and EB names and logos;” ii) Annulling the order enjoining the use of TAPE and GMA of Eat Bulaga/EB/Eat Bulaga· and EB logos and names; iii) Annulling the order enjoining TAPE and GMA to use the song and audiovisual recordings of episodes and segments of Eat Bulaga prior to May 31,2023; iv) Reversing the assailed decision finding TAPE to be liable for copyright infringement and unfair competition; v) Reversing the assailed decision finding TAPE to be liable to temperate, exemplary damages and attorney's fees.”

Following the RTC decision, TAPE changed the name of its noontime show from "Eat Bulaga" to "Tahanang Pinakamasaya."