The legal counsel for the Television and Production Exponents Inc. (TAPE) was appalled by the decision of a Marikina court on the “Eat Bulaga” copyright infringement case filed by Tito and Vic Sotto, and Joey de Leon, known as TVJ, and Jeny Ferre against the company and GMA Network.
In a decision dated Dec. 22 but was released on Jan. 5, the Marikina Regional Trial Court Branch 273 ruled in favor of TVJ and Ferre in the case. TAPE is the producer of “Eat Bulaga,” which airs on GMA Network.
Tito, Vic and Joey and the other hosts wearing "Eat Bulaga" t-shirts on Jan. 6 (Photos from TVJ's Facebook page)
The hosts of TAPE's noontime show "Tahanang Pinakamasaya" (Photo from TAPE's Facebook page)
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 the decision, the Marikina court 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 before May 31, 2023.
The Marikina 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.
Maggie Abraham-Garduque, TAPE’s legal counsel, said she was shocked by the decision of the court on the case.
“The court decided on matters which are not part of the prayer in the complaint,” she said.
Abraham-Garduque was referring to the dispositive portion of the decision which includes the cancellation of the “Eat Bulaga” trademarks registered under TAPE and injunction on “EB” and “Eat Bulaga” trademarks, which, she said, are not copyrightable and therefore, not part of copyright infringement.
The court also ruled, “The Intellectual Property Office of the Philippines, through its property unit head/officer, is hereby directed to cause the cancellation of the following trademark registrations in the name of Television and Production Exponents, Inc. from its records, database and/or registry” the “EB” and logo, and “Eat Bulaga” and logo, which were awarded to TAPE last June.
The IPOPHL renewed the “Eat Bulaga” trademark registration of TAPE, which had a term of 10 years or until 2033.
“The case for cancellation is still pending before the BLA [Bureau of Legal Affairs] of IPOPHL and the case on the trademark application of Joey de Leon is still pending before the director general of IPOPHL which obviously first acquired jurisdiction on these cases. The court’s decision obviously preempts resolution of the IPO on these cases,” said Abraham-Garduque.
Abraham-Garduque likewise assailed the findings of the court that co-plaintiff Ferre was not an employee of TAPE despite the Bureau of Internal Revenue (BIR) documents and letter of Ferre to the president and CEO of TAPE availing of her retirement benefits.
She said TAPE presented to the court BIR form 1902 of Ferre wherein she signed as employee of TAPE as well as other BIR documents wherein she paid tax for compensation income. However, the court ruled that these documents were not conclusive of an employer-employee relationship.
The letter of Jeny Ferre presented by TAPE in court
“These documents are signed by Ferre herself and therefore binding to her. She likewise admitted that she does not pay any other tax but this compensation income from TAPE,” the lawyer added.
Abraham-Garduque said TAPE believes that there is a very insisting reason to reverse the decision and they will file a petition for review before the Court of Appeals (CA) in accordance with the 2020 revised rules of procedure for intellectual property cases.
TVJ left "Eat Bulaga" and TAPE last year.