The Television and Production Exponents Inc. (TAPE) will file an appeal to overturn the decision of a Marikina court which barred it from using the trademarks “Eat Bulaga” and “EB.”
In a decision dated Dec. 22 but was released on Jan. 5, the Marikina Regional Trial Court Branch 273 ruled in favor of Tito Sotto, Vic Sotto and Joey de Leon, known as TVJ, and Jeny Ferre in their copyright infringement and unfair competition case filed against TAPE and GMA Network.
TVJ (Photos from TAPE's Facebook page, "EatBulaga1979" Instagram account)
TAPE is the producer of “Eat Bulaga,” which airs on GMA Network.
TAPE’s lawyer and spokesperson Maggie Abraham-Garduque said they will file an appeal and criticized the decision for ruling on the trademark ownership when the case is about copyright infringement.
“Initial reaction, among others, we were surprised that the court ruled on trademark ownership, trademark infringement and cancellation of trademark when the case pending in court is copyright infringement,” she said.
She added, “Worst these cases for trademark ownership and cancellation of trademark are pending on appeal before the IPO [Intellectual Property Office of the Philippines]. We will definitely file an appeal to this decision.”
Last June, TVJ, and Ferre filed the case against TAPE and GMA Network 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.”
In its decision, the Marikina RTC Branch 273 ruled, “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 are also barred from using the “Eat Bulaga” jingle, and airing a playback of all recorded “Eat Bulaga” episodes aired before May 31, 2023.
The court 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.
The decision also ordered the IPOPHL to cancel TAPE’s trademark registrations of “Eat Bulaga” and “EB.”