The Intellectual Property Office (IPO) of the Philippines has made a landmark ruling in favor of Tito Sotto, Vic Sotto, and Joey de Leon, collectively known as TVJ, regarding the ownership of the “Eat Bulaga” trademark. This decision annulled the previous registration of the trademark by Television and Production Exponents, Inc. (TAPE). The IPO’s 16-page decision recognized TVJ as the rightful owners of the “Eat Bulaga” name, stating that ownership of a mark is the basis for registration rights, not the other way around. This ruling was grounded in the evidence presented by TVJ, which demonstrated their original coining of the term.
TAPE Inc.’s legal counsel, Atty. Maggie Garduque, indicated that they had not yet received a copy of the decision. However, she outlined the available legal actions for TAPE, including appealing the IPO’s decision to the director of the Bureau of Legal Affairs and, if necessary, further appealing to the director general of the IPO. Garduque affirmed TAPE’s intention to pursue all legal remedies to overturn the decision.
This legal battle stems from a dispute that began earlier in the year. On May 31, TVJ parted ways with TAPE, the producer of “Eat Bulaga.” Subsequently, in July, TVJ filed a copyright infringement complaint against TAPE for using the “Eat Bulaga” name. TAPE had contended that they could not be subject to infringement as the registered owner of the trademark. However, the IPO’s ruling has now shifted the dynamics of this dispute significantly.
The IPO decision, authored by Josephine Alon of the Bureau of Legal Affairs, highlighted that TAPE’s claim of ownership of the “Eat Bulaga” name was not sufficiently substantiated. Moreover, the decision noted that TAPE did not refute or contradict TVJ’s account of how they came up with the name, thereby inadvertently supporting TVJ’s claim. This acknowledgment of TVJ’s original creation of the term granted them the “absolute and exclusive right to register” the “Eat Bulaga” or “EB” trademark.