Show producer Television and Production Exponents Inc. (TAPE) will continue to pursue the cases about the “Eat Bulaga” trademark and copyright issues despite the end of its noontime program “Tahanang Pinakamasaya.”
TAPE has a pending petition with the Court of Appeals (CA) and appeal with the Intellectual Property Office of the Philippines (IPOPHL) over the “Eat Bulaga” copyright and trademark issues.
“IPO and Court of Appeals cases will proceed,” said Maggie Abraham-Garduque, TAPE’s legal counsel.
TAPE and “Tahanang Pinakamasaya” (Photos from TAPE and “Tahanang Pinakamasaya” Facebook pages)
Tito, Vic and Joey and the other hosts of "Eat Bulaga" (Photos from TVJ's Facebook page)
‘Tahanang Pinakamasaya’ ends
Last March 7, GMA Network and TAPE issued statements to say that “Tahanang Pinakamasaya” will stop airing from March 8, Friday.
“Due to unavoidable circumstances, TAPE has made the difficult decision to cease the airing of 'Tahanang Pinakamasaya.’ GMA Network would like to thank TAPE for its invaluable contribution to noontime programming for the past decades, which Filipinos will surely remember for many years to come. The Network will always be grateful to TAPE for its partnership over the past decades,” GMA Network said.
TAPE said, “It is with a heavy heart that we inform our televiewers that our noontime show ‘Tahanang Pinakamasaya’ on Kapuso network, GMA 7, will no longer be on air effective March 8, 2024. TAPE, Inc. extends its profound gratitude to its home network, GMA 7, for a long and fruitful partnership. GMA 7's kind consideration and understanding of the company's unwanted circumstances have been instrumental in helping the company in this transition.”
“Despite our best efforts to save the show, both parties have reached a mutual agreement to finally call off the show. To the loyal viewers. esteemed hosts, supportive advertisers, hardworking crew and dedicated employees who have been with us from the very beginning–from the longest running noontime show ‘Eat Bulaga’ to the present ‘Tahanang Pinakamasaya’--our sincerest ‘Thank you!’ and optimistic ‘See you again!’” it added.
Tito and Vic Sotto, and Joey de Leon, known as TVJ, left “Eat Bulaga” and TAPE on May 31 last year. They transferred to TV5 and started hosting the noontime show “E.A.T.” in July.
TAPE replaced TVJ with new hosts for “Eat Bulaga.”
Copyright infringement and unfair competition case
In June last year, TVJ and Jeny Ferre filed a case against TAPE and 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.”
TAPE decided to replace the name “Eat Bulaga” for its show on GMA Network with “Tahanang Pinakamasaya” starting Jan. 6 this year after the Marikina Regional Trial Court Branch 273 ruled in favor of 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.
In the decision, dated Dec. 22, 2023 and released on Jan. 5, 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 filed a petition with the CA on Jan. 19 to reverse the Marikina court decision.
The Marikina court decision also barred TAPE and GMA Network 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.
In the CA petition, TAPE said 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.
The petition also argued that “trademark ownership and trademark cancellation is not one of the reliefs sought by the Respondents in the complaint.”
Abraham-Garduque earlier said, “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.”
TAPE asked 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 court 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.”
IPOPHL trademark case
TAPE will also continue its appeal with the IPOPHL over the “Eat Bulaga” trademark.
Last year, it was able to renew for another 10 years the trademark registration for “Eat Bulaga” with the IPOPHL.
But an adjudication officer under the IPOPHL’s Bureau of Legal Affairs (BLA) issued a decision on Dec. 4 granting the petition of TVJ to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE.
“Wherefore, premises considered, the instant Petition for Cancellation is hereby granted. Accordingly, Certificate of Registration No. 4-2011-005951 issued on 14 June 2013 for the trademark [Eat Bulaga]…is hereby cancelled,” according to the decision of the BLA adjudication officer. .
Last Dec. 6, IPOPHL issued a statement, stating that “the decisions of the Adjudication Officer may be appealed to the BLA Director within 15 days from receipt of the decisions. In turn, the appellate decisions of the BLA Director may be appealed to the IPOPHL Director General within 30 days from receipt of the copy of the BLA Director’s decisions. The EAT BULAGA and EB registrations that are covered by TM Reg. No. 4-2011-005951 and No. 4-2011-005950 are for Nice Classes 16, 18, 21 and 25.”
TAPE filed an appeal with the director of the BLA on Dec. 12, which is still pending.
In its appeal, TAPE is asking the BLA director to suspend the cancellation of registration of “Eat Bulaga,” reverse the decision of the adjudication officer, and dismiss or deny TVJ’s “petition for cancellation for lack of merit.”