TAPE protests court favoring TVJ on 'EB' name
By Cynthia Montojo
"Wherefore, judgment is hereby rendered in favor of plaintiffs include TVJ against defendants TAPE and GMA Network," Tito read, pointing that TAPE and GMA were asked to stop using "Eat Bulaga" and "EB" trademark, logos and jingle.
Television and Production Exponents Inc. (TAPE) plans to appeal decision of Marikina Regional Trial Court favored hosting trio of Tito Sotto, Vic Sotto and Joey de Leon collectively known as TVJ over trademark ownership of "Eat Bulaga" name.
Last January 5, TVJ announced public Marikina court's decision after Tito received it via email. Decision was dated December 22, 2023, but was only received on January 5, 2024.
"Permanently enjoining defendants, Television and Production Exponents (TAPE) Inc. and GMA Network Inc. from:
1. Using trademarks EB, 'Eat Bulaga,' 'Eat Bulaga,' and EB, including all logos associated with subject parts in its shows, programs, projects or promotions and...
2. Using Eat Bulaga jingle/song or any part thereof in its shows, programs, projects or promotions and...
3. Airing and broadcasting playback of any and all recorded episodes of Eat Bulaga show prior to 31st May 2023, its segments or any portion thereof in all channels and platforms."
TVJ decided to part ways with TAPE on May 31, 2023, then moved to TV5 where they now host "E.A.T."
Tito also read Intellectual Property Office (IPO) should now cancel any trademark registrations under TAPE over "Eat Bulaga," after trio celebrated with their staff by singing "Eat Bulaga" theme song.
TAPE's legal representative Atty. Maggie Abraham-Garduque acknowledged seeing Marikina court's decision.
"Initial reaction, among others, we were surprised court ruled on trademark and trademark infringement when case pending in court is copyright infringement," attorney said, adding TAPE "will definitely file an appeal."
"There is nothing in decision states since there is injunction issued to TAPE, TVJ can now use trademark EB and 'Eat Bulaga' especially trademark ownership is still under appeal before IPO," Abraham-Garduque added.
One of TVJ's own legal counsel, Atty. Enrique "Buko" dela Cruz from DivinaLaw, previously said issue could go all the way to Court of Appeals and Supreme Court.
"Ang opinyon ng DivinaLaw, puwede nang gamitin ng TVJ ang 'Eat Bulaga' kahit noon pa, before decision came out," dela Cruz explained when IPO favored TVJ over TAPE regarding the "Eat Bulaga" trademark in December last year.
TVJ, however, opted not to use "Eat Bulaga" name to avoid any trouble and respect legal process. With IPO's decision, lawyer said it is TAPE's turn to respect the law.
Noontime variety show of TAPE on GMA Network, currently hosted by Paolo Contis and Isko Moreno, has dropped "Eat Bulaga" name and now goes by "Tahanang Pinakamasaya."
Change comes day after Marikina Regional Trial Court favored hosting trio of Tito Sotto, Vic Sotto and Joey de Leon collectively known as TVJ as originators of "Eat Bulaga" trademark, and called on TAPE to stop using "Eat Bulaga" name.
January 6 episode of "Tahanang Pinakamasaya" began with Isko acknowledging court decision and that network would follow suit even as TAPE plans to file appeal.
"Pero, fresh episode tayo mula ngayon! Laging good vibes lang at love, love, love dahil ang mahalaga, hangga't nandiyan po kayo, kami ni Paolo Contis at ang aming mga kasama dito sa 'Tahanang Pinakamasaya,' tuluy-tuloy ang tulong at saya at sorpresa, all unli-sorpresa," Isko said.
Behind Isko and Ulo were audience members holding up balloons and banners in support of Ulo, Alexa Miro, and twins Cassy and Mavy Legaspi, who were celebrating their 23rd birthday.
One banner in particular read, "We stand with TAPE," using production company's logo.
Ulo, Isko and all their co-hosts were careful not to mention "Eat Bulaga" or even show any of its logos during episode.
TAPE's Facebook page has also changed its cover photo with image of title card reads: "Tahanang Pinakamasaya."
TVJ, meanwhile, celebrated their victory by singing "Eat Bulaga" theme song while wearing t-shirts that bore show's name on fresh episode of their noontime show on TV5.
"Eto ang totoo. Eto ang tinadhana. Eto ang tunay na 'Eat Bulaga,'" said Vic.
TAPE is seeking to appeal court ruling in statement released to media.
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