Atty. Jesus Falcis explained why Television and Production Exponents Inc. was the rightful owner of the ‘Eat Bulaga’ title, not the legendary trio Tito Sotto, Vic Sotto and Joey de Leon.
In a lengthy explanation, Falcis said that TVJ already made a huge mistake when they didn’t oppose the trademark filing made by TAPE Inc. to register Eat Bulaga under their production company in 2011.
According to him, TVJ might face charges from TAPE Inc. if they insist on using Eat Bulaga for their own show.
Here’s the explanation from the lawyer:
“Ownership of a trademark under PH law belongs to the one that is the first-to-file for its registration. Sec. 122 of the Intellectual Property Law says: “The rights in a mark shall be acquired through registration made validly in accordance with the provisions of this law.”
“Hence, since TAPE Inc. is the registered owner of the name Eat Bulaga since 2011, it is the one that can use the name to the exclusion of others. If TVJ uses the name Eat Bulaga for their own show, they will be committing trademark infringement or an IP violation.
“But wait, si Joey De Leon @AngPoetNyo gumawa or bumuo ng name na Eat Bulaga nuong 1979. Pano yun? Yes. But by allowing TAPE Inc. to register and claim ownership over the name, they will be considered to have consented to transferring the rights over the name. #WowMali.
“TVJ did not oppose the registration since 2011. They had all the time and opportunity to do so but didn’t. They could have filed for registration under their personal names TVJ but they allowed TAPE Inc. to do so because it was the company that was running the show.”
Aside from Eat Bulaga, Falcis also pointed out that several popular segments of Eat Bulaga, including Pinoy Henyo, Juan for all, All for Juan, and Bawal Judgmental, also registered under TAPE Inc.
“Under the Intellectual Property Code and relevant Supreme Court decisions, the exceptions of registration in bad faith or fraud does not seem to apply in the case of TAPE Inc. and TVJ. TVJ was happy for TAPE Inc. to own the rights. When Tony Tuviera was in charge of TAPE.” he said.
“The problem is, like most other celebrities or big people who poorly plan their legal rights, Tony Tuviera is only a minority owner of TAPE. Worse, TVJ didn’t even bother to be owners of the company that was running and owning their show.” he added.
WHO OWNS THE NAME ”EAT BULAGA”?
TAPE Inc. and GMA7 have already aired a new incarnation of #EatBulaga with new hosts such as Paolo Contis and without TVJ – Tito, Vic, and Joey.
On the other hand, TVJ argues that they own the name Eat Bulaga. Sino ang tama?
A thread 🧵 pic.twitter.com/FWsxYpBMSS
— Jesus Falcis 🇵🇭 #NoToMaharlikaFund (@jesusfalcis) June 6, 2023
Falcis clarified that he was not siding with TAPE Inc. but he believed that TVJ would face difficulties on trying to get the rights to use the ‘Eat Bulaga’ title.