TVJ wins copyright case, owns Eat Bulaga trademark

(From left) Tito Sotto, Vic Sotto, Joey de Leon. Image: Screengrab from YouTube/Eat Bulaga

Popular comedians Tito, Vic and Joey (TVJ) have won their copyright case for the Eat Bulaga trademark, wresting the legal ownership from the Television and Production Exponents, Inc. (TAPE) as the local intellectual property body sided with the trio who provided evidence that they created the brand.

In a 16-page decision on Monday, the Intellectual Property Office of the Philippines (IPOPHL) canceled the trademark registration of the Jalosjos-owned company and declared that the trio who served as hosts of the long-running noontime show are the owners of the trademark.

“The petitioners proved that it is the originator and owner of the contested Eat Bulaga mark. Petitioners’ explanation or story on how initially the idea of the Eat Bulaga mark came about, did seem believable and credible,” read the decision from the IPOPHL’s Bureau of Legal Affairs.

“Having sufficiently established how petitioners coined the Eat Bulaga mark, it is petitioners and not respondent-registrant who owns the mark. Considering that [the] petitioners are the owners, they have absolute and exclusive right to register the Eat Bulaga mark,” the decision further read.

The decision anchored its decision on the evidence from petitioners narrating that the Eat Bulaga trademark was conceptualized while they were in Tito Sotto’s kitchen where they combined the child’s game “It Bulaga” with what one would usually do during lunch, which is to eat.

“Since the show will be aired during lunchtime, I used the word ‘eat’ instead of ‘It.’ I added the word ‘Bulaga’ because we intended to fill the show with surprises,” the decision read, citing the account of one of the petitioners.Origin of trademark

Further, the petitioners said the story on the origin of the trademark was included in Eat Bulaga’s official website, adding that it was also narrated in an entertainment column which appeared at the Philippine Star back on Sept. 21, 2008.

TAPE was able to first register the trademarks ‘Eat Bulaga and EB’ on June 14, 2013.

On the other hand, the three filed the petition for cancellation on June 2 of this year, 10 years after the trademarks were first registered.

The three, whose real names are Vicente C. Sotto III, Marvic Valentin C. Sotto, Jose Maria Ramos de Leon Jr. parted ways with TAPE in the same month after 43 years of partnership.

The rift seemed to have stemmed from a simmering power struggle with TAPE, which is now mostly controlled by majority owner, Romeo Jalosjos Sr., and his children. INQ