TVJ wins over Eat Bulaga! trademark case: 'Salamat sa sagot ng aming panalangin'
Tito Sotto, the one-third of the comedic trio TVJ together with Joey de Leon and Vic Sotto, expressed his joy over the news that the Intellectual Property Office of the Philippines (IPOPhl) has revoked the trademark registration of Television and Production Exponents, Inc., or TAPE Inc., for the names “Eat Bulaga” and “E.B.” on Tuesday, Dec. 5.
The IPOPhl's decision supports the claims made by former Eat Bulaga hosts, substantiated by their evidence and detailed explanation of the trademark's origin. This ruling establishes them as the rightful proprietors of the said trademark.
“The petitioners proved that it is the originator and owner of the contested EAT BULAGA mark. Petitioners’ explanation or story on how initially the idea of the EAT BULAGA mark came about did seem believable and credible,” I.P.O. said in a statement.
The decision further explained that TAPE Inc. failed to provide context on how they came up with the term EAT BULAGA title for the noontime show back in 1979.
“Having sufficiently established how Petitioners coined the EAT BULAGA mark, it is Petitioners and not Respondent-Registrant who owns the mark,” the decision read.
The decision furthered, “Considering that Petitioners are the owners, they have absolute and exclusive right to register the EAT BULAGA mark and all variations thereto, including the subject mark ‘Eat Bulaga’ mark and the ‘E.B.’ mark, under its name,"
In a statement, TAPE Inc.’s legal counsel, Atty. Maggi Abraham-Garduque stressed that the production company “will avail of all legal actions or remedies to reverse this decision. She also noted that their handling lawyer for TAPE Inc.'s IPO cases has yet to receive a copy of the said decision.
“If still unsatisfied with the decision of the director, they can still appeal it to the director general of the I.P.O.,” said Garduque.
In July, TAPE Inc. stressed that the noontime show's former hosts cannot file copyright infringement charges against it and G.M.A. Network.
Garduque, in a statement to The Philippine STAR, noted that the Eat Bulaga! name, design, and logo are the subject of trademark, not copyright.
"TAPE Inc. has the registration of the tradename Eat Bulaga! so they cannot file infringement against the registered owner of the trademark," Garduque said then, adding that T.V.J.'s petition to cancel the Eat Bulaga! trademark of TAPE, Inc. is still pending before the IPOPHL.
"[U]ntil such time that said petition is granted, the trademark Eat Bulaga! and E.B. will be owned by TAPE, Inc."
At that time, G.M.A. Network stated that it would forward the complaint to its legal counsel.
T.V.J. filed its copyright infringement and unfair competition complaint before the Marikina Regional Trial Court on June 30. The defendants received the summons on July 12, saying that they were given 30 days to submit their reply.
They announced they parted ways with TAPE Inc. last May 31 after rumors of an Eat Bulaga! rebranding—and the trio getting fired—broke out amid financial losses. After the announcement, staff members resigned, including hosts, writers, sales, production, and cameramen.
Eat Bulaga! went on with its live airing and introduced a new set of hosts on June 5, while T.V.J. and other Dabarkads joined TV5 and aired their new show E.A.T. on July 1.
