It has been more than two years since the two parties went their separate ways.
In its resolution promulgated on September 8, the Court of Appeals (CA) has denied the motion for reconsideration filed by Television and Production Exponents Inc. (TAPE).
It is in connection with copyright infringement lawsuit that was filed by the popular troika TVJ, composed of now-Senate President Vicente Sotto III, Vic Sotto, and Joey de Leon.
The CA, in its decision, said that TAPE was not the owner of the disputed material and noted that the company used the audiovisual recordings and jingles of ‘Eat Bulaga’ without the necessary consent from TVJ, which is recognized as the creators.
In addition, the appellate court also said that the Jalosjos-led company was “never involved” in the creative process behind the audio-visual recordings of the show.
As regards to the copyright of the marks ‘Eat Bulaga’ and ‘EB,’ TAPE was also said to have engaged in “bad faith and fraud” when the company registered these before the Intellectual Property Office (IPOPHL) on May 24, 2011.
“Bad faith in the context of trademark registration means that the applicant or registrant has knowledge of prior creation, use and/or registration by another of an identical or similar trademark,” it explained in the court rulling.
In line with that, the court has ordered TAPE to pay TVJ damages and fees amounting to PHP3 million—PHP2 million for temperate damages, PHP500,000 for exemplary damages, and PHP500,000 in attorney fees.
It was back in May 2023 when the TVJ-led team departed TAPE, Inc. after disagreements between both parties, prompting the transfer of the Sotto-De Leon group to TV5 for ‘E.A.T.’ and the latter production company mounting ‘Eat Bulaga’ with new hosts.
That set up would not last long as in December 2023, a Marikina court nullified TAPE’s trademark registration and recognized Joey de Leon as the legal owner of the title ‘Eat Bulaga,’ allowing the TV5 noontime show to be renamed in January 2024.
As a result, TAPE’s program was also likewise retitled to ‘Tahanang Pinakamasaya,’ before eventually getting canceled in March 2024.