Explainer: Eat Bulaga and its intellectual property headaches

MANILA, Philippines — After more than 40 years as one of the most successful noontime TV shows in the Philippines, Eat Bulaga and its titular cast parted ways over various unresolved differences. 

The split was set off by a bitter spat between the management of Television and Production Exponents, Inc. (TAPE) and its cast members, top billed by Tito Sotto, Vic Sotto, and Joey De Leon (TVJ).

The split triggered discussions over intellectual property ownership. GMA Network Inc. ran a new iteration of Eat Bulaga with a new lineup of hosts, while the controversial trio jumped ship to Pangilinan-led TV5 with other cast members in tow.

But the fate of the “Eat Bulaga” brand figured in the middle of a tug-of-war of sorts, as the two parties turned to the legal system to smooth over disputes. This is what readers need to know about the dispute.

Trademark vs copyright

First, it's important to know the difference between a trademark and copyright.

Atty. Anthony Peralta, a senior partner at Consunji, Bonifacio & Peralta law offices, defined a trademark as which “refers to a name, a brand, or a logo given to goods or services to distinguish it from others.” 

Meanwhile, copyright is an intellectual property designed to protect the authorship of literary works, computer software, music, motion pictures and TV programs, among others.

“For example, for every episode of 'Ang Probinsyano' they filed copyright applications so that no one would copy it,” Peralta, who also teaches at the De La Salle University College of Law, told Philstar.com in an interview.

Who owns the Eat Bulaga trademark? 

The “Eat Bulaga” trademark is still owned by TAPE, but only until June 14, when its registration expires. The production company, owned by Romeo Jalosjos Sr., is the longstanding blocktimer at GMA Network.

The TVJ trio and Antonio Tuviera — co-founder of TAPE who tapped Tito, Vic and Joey to host Eat Bulaga in 1979 — applied for the trademark of the brand on Feb. 27, 2023, but it is still under review by the Intellectual Property Office of the Philippines (IPOPHL). 

What now? 

The IPOPHL has its hands full, as it will need to scrutinize the application of the longtime hosts of Eat Bulaga. Peralta noted that a principle in trademark law is "first to file".

“Trademark application cannot be allowed if it’s confusingly similar to an existing registration. So the applicant needs to overcome this, which in this case is TVJ,” he said.

A review could take three to six months, considering that the IPOPHL is one of the most advanced across Asia, Peralta said.

Developments? 

In a statement sent to Philstar.com on Wednesday, IPOHPL said it issued a notice to TAPE on June 6 to answer a petition filed by TVJ on June 2 seeking the cancellation of the “Eat Bulaga” and “EB” trademarks.

“One of the grounds is that the registration sought to be cancelled was obtained fraudulently,” the statement read. 

The petition fell under the purview of Section 151 of the Philipppines’ IP code, which indicates that "any person who believes that he is or will be damaged by the registration of a mark" may file a petition to cancel directed to the IPOPHL’s Bureau of Legal Affairs. 

In this case, the IPOPHL floated two scenarios. If TAPE fails to file an answer to the petition, the decision will be declared in default. The decision would then be reviewed by an adjudication officer based on merits and facts, including petitions and pieces of evidence submitted. 

But if TAPE files an answer, the two parties are mandated to undergo mediation. 

“If they reach an amicable settlement, the case will be deemed resolved based on a Compromise Agreement approved by the BLA. However, if there is no settlement, the cases will be assigned to an Adjudication Officer for proper resolution or decision,” the IPOPHL said. 

TAPE has 30 days upon receipt of the notice to file and answer TVJ's petition.

Once TAPE’s trademark registration expires on June 14, the IP tug-of-war could turn into a free for all.

“They (TAPE) should apply before June 14, they should not wait until the last day,” Peralta said.