The Intellectual Property Office of the Philippines (IPOPhl) has ruled in favor of Tito and Vic Sotto and Joey de Leon, collectively known as TVJ, regarding the ownership of the “Eat Bulaga” trademark. The decision, which dismissed the trademark registration of Television and Production Exponents, Inc. (TAPE, Inc.), was based on the testimony and explanations provided by TVJ about the origin of the trademark. TVJ asserted they were the creators and originators of “Eat Bulaga,” including the name, logo, and its various iterations, as well as the show’s theme song, which was composed by a team led by Vic Sotto.
The ruling was described as an early Christmas blessing by Atty. Enrique dela Cruz, counsel for TVJ and former “Eat Bulaga” executive Jenny Ferre. He emphasized the importance of ownership in trademark law, stating that it’s the ownership that grants the right to register a mark, not merely the act of registration. He further remarked, “TVJ is ‘Eat Bulaga’ and ‘Eat Bulaga’ is TVJ.”
In the backdrop of this legal victory, TVJ had left “Eat Bulaga” amid production clashes with TAPE, which still had a contract with GMA Network. They subsequently joined TV5, starting a new program titled “EAT.” Meanwhile, TAPE continued the “Eat Bulaga” show on GMA with a new set of hosts but retained its popular format. This led TVJ to file a case against TAPE and GMA for copyright and unfair competition.
Reflecting on the history of “Eat Bulaga,” Tito Sotto highlighted that although Production Specialists initially funded the show, it was TVJ and Tony Tuviera who conceptualized and sustained it through difficult times. He expressed that the use of the “Eat Bulaga” name, logo, music, and segments, as well as the airing of replay episodes by GMA, was without their consent. Sotto criticized TAPE for claiming a 44-year legacy with “Eat Bulaga,” asserting that TAPE only came into existence in 1981, two years after the show’s inception.
The plaintiffs noted that TAPE’s registration of the “Eat Bulaga” and “EB” trademarks occurred 33 years after the show’s start in 1979. Furthermore, TAPE’s registration did not include entertainer and entertainment services, music education, organization of competition, and others, leading to the conclusion that TAPE’s registration does not prevent TVJ from acquiring and exercising their rights over the “Eat Bulaga” word mark.
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