Marikina Court Orders TAPE, GMA To Stop Using ‘Eat Bulaga’

The Marikina Regional Trial Court Branch 273 has ordered Television and Production Exponents Inc. (TAPE) and GMA-7 to stop using the trademarks “EB,” “Eat Bulaga” and the Eat Bulaga jingle in its shows as the RTC granted the petition of television hosts Tito Sotto, Vic Sotto and Joey de Leon (TVJ) on its copyright case.

The Marikina court upheld the TVJ petition after it filed copyright infringement and unfair competition against TAPE and GMA-7.

In a decision dated Dec. 22, 2023, which was received by TVJ’s lawyers from DivinaLaw on Jan. 5, the Marikina City granted TVJ’s complaint against TAPE. 

“As such, the court prohibited TAPE and GMA from using the trademarks ‘EB’ and ‘Eat Bulaga’, the Eat Bulaga jingle, from its shows,” the ruling said. 

With the court’s ruling, TVJ is now able to use the trademarks and jingles in its shows.

“In view of defendant TAPE’s failure to make a categorical and specific denial of the claim of Joey that he coined, formulated and worded the title Eat Bulaga, including the specific explanation how such a portmanteau was created, given the millions of words in the dictionary, the court, therefore, rules that plaintiffs have successfully proved and established, by preponderance of evidence, that Joey and his co-plaintiffs Tito and Vic should be credited with the formulation and creation of the mark Eat Bulaga,” the court said. 

TAPE has yet to issue a statement on the court order.

Last Dec. 4, the Intellectual Property Office of the Philippines (IPOPHL) canceled TAPE’s trademark registration of “Eat Bulaga.”

It said that TAPE Inc. failed to provide context on how they came up with the term “Eat Bulaga” as the title for the noontime show back in 1979.

The IPOPHL said the TVJ managed to attest their ownership claim over the “Eat Bulaga” trademark.

A few days later, the IPOPHL also denied TAPE’s appeal regarding its opposition over a separate “Eat Bulaga” trademark application filed by De Leon.

De Leon filed the trademark application under Class 41, which covers entertainment services, production of shows, production of radio and television programs and television entertainment, among others.

TAPE’s opposition to the trademark application was dismissed as its plea was filed “out of time.”