THE battle over who owns “Eat Bulaga” is now in court after its long-time hosts filed a complaint for copyright infringement and unfair competition and sought to stop Television and Production Exponents (TAPE) Inc. and GMA network from using the name.

GMA Network issued a brief statement regarding the complaint filed by Tito Sotto, Vic Sotto, Joey de Leon, and former TAPE executive Jeny Ferre before the Marikina regional trial court alleging violation of the Intellectual Property Code. 

“We will refer the complaint to our legal counsel, Belo Gozon Elma Parel Asuncion & Lucila Law Offices,” said GMA. 

But TAPE has disputed the allegations of the hosts.

TAPE’s legal counsel Maggie Garduque issued a statement refuting the claims of the trio that there had been a copyright infringement.

Garduque said the case is not a matter of copyright infringement since the design of the name and the logo of the disputed brand is in fact a trademark and not a matter of copyright. 

“It is not a copyright infringement. Eat Bulaga name, the design of the name and the logo is a trademark and not subject of copyright,” she said. 

She also said TAPE has the registration for the name Eat Bulaga. An infringement case will not stand since the producer is registered as the owner of the trademark, she said. 

“Tape, Inc. has the registration of the trade name Eat Bulaga so they cannot file infringement against the registered owner of the trademark,” she said.

While the hosts have filed a petition for cancellation of the Eat Bulaga trademark, she said this is still pending before the Intellectual Property Office. Until this has been granted, TAPE owns the trademark Eat Bulaga and EB, she said.

But she also said TAPE would comply with the summons to file an answer within 30 days from the receipt of the complaint. 

TVJ case

The three original hosts filed the complaint for copyright infringement and unfair competition against TAPE and GMA after TAPE aired and replayed some original Eat Bulaga episodes without the trio’s consent.

This came after Tito Sotto, Vic Sotto, and De Leon publicly announced their resignation from TAPE on May 31 following the order to prohibit them from going live on the show that day. 

The three hosts, in their complaint, contended that it was De Leon who coined “Eat Bulaga,” and this is one of their intellectual properties. 

Amid the dispute between the producer and the hosts, some wonder about GMA’s position on the issue. GMA has been the home  of the top-rating noontime blocktimer for 28 years. 

De Leon, in one interview, expressed his take on the network’s move, or the lack of it. 

“‘Yung mismong 7 ang hindi nagparamdam. Kasi ang sinasabi nila ang kontrata naman nila with the producers,” he said in an interview in the vlog of broadcast journalist Julius Babao. 

But the network, through its Senior Vice President Annette Gozon-Valdes, earlier said it is taking a “hands off” stance on the issue because this is a matter between the original Eat Bulaga hosts and the Jalosjos family who owns TAPE. The matter is an  “internal issue,” said Valdes.