CA affirms ‘Eat Bulaga’ is with TVJ

The decision of the Marikina Regional Trial Court that found Television and Production Exponents (TAPE) Inc. liable for unfair competition and copyright infringement, and ordered it and GMA Network to stop using the trademark, its logos and jingle, was affirmed by the Court of Appeals (CA).

In the decision, the lower court also ordered TAPE to pay hosts Tito Sotto, Vic Sotto and Joey de Leon — collectively known as TVJ — and their co-defendant Jeny Ferre damages and attorney’s fees.

The CA Ninth Division, in a 13 December decision, junked the separate petitions filed by TAPE Inc. and GMA Network seeking to reverse the Marikina RTC ruling.

Records showed that TAPE and GMA had questioned the RTC’s order canceling TAPE’s trademark registration of “Eat Bulaga” and stopping them from using it, as well as its finding that the three hosts have copyright ownership over the “Eat Bulaga” audio-visual recordings prior to 31 May 2023.

However, in a ruling penned by Associate Justice Zenaida Galapate-Laguilles, the CA said the RTC decision adhered to the state policy to secure certain individuals’ exclusive rights over their intellectual property.

“Indeed, the exclusive rights of scientists, inventors, as well as artists and gifted citizens — like respondents Tito, Vic, Joey, and Jeny here — over their intellectual property and creations, must be protected and secured, consistent with the aforequoted State policy,” the CA said.