We write with respect to various news articles relating to GMA Network, Inc. (“GMA7” or the “Company”). In the attached article entitled “CA affirms ‘Eat Bulaga’ is with TVJ” posted in Tribune.net.ph on December 30, 2024, it was reported that:
“The decision of the Marikina Regional Trial Court that found Television and Production Exponents (TAPE) Inc. liable for unfair competition and copyright infringement, and ordered it and GMA Network to stop using the trademark, its logos and jingle, was affirmed by the Court of Appeals (CA).
In the decision, the lower court also ordered TAPE to pay hosts Tito Sotto, Vic Sotto and Joey de Leon — collectively known as TVJ — and their co-defendant Jeny Ferre damages and attorney’s fees.
The CA Ninth Division, in a 13 December decision, junked the separate petitions filed by TAPE Inc. and GMA Network seeking to reverse the Marikina RTC ruling.
Records showed that TAPE and GMA had questioned the RTC’s order canceling TAPE’s trademark registration of ‘Eat Bulaga’ and stopping them from using it, as well as its finding that the three hosts have copyright ownership over the ‘Eat Bulaga’ audio-visual recordings prior to 31 May 2023.
However, in a ruling penned by Associate Justice Zenaida Galapate-Laguilles, the CA said the RTC decision adhered to the state policy to secure certain individuals’ exclusive rights over their intellectual property.
‘Indeed, the exclusive rights of scientists, inventors, as well as artists and gifted citizens — like respondents Tito, Vic, Joey, and Jeny here — over their intellectual property and creations, must be protected and secured, consistent with the aforequoted State policy,’ the CA said
. . . .”
GMA7 is hereby directed to clarify and/or confirm the information in the above-quoted news article including, but not limited to, the Court of Appeals’ decision last December 13, 2024 to junk the petitions filed by the Company and Tape Inc. with regard to the intellectual property case concerning the TV show “Eat Bulaga” and Tito Sotto, Vic Sotto and Joey de Leon. The relevant details of the case and the effect of the same on the Company’s business and operations must likewise be included in the response.
"To date, GMA has not yet received a copy of the CA decision subject of the news articles and so we cannot comment thereon. But it should be noted that GMA has already complied with the assailed Marikina RTC Decision dated 22 December 2023 and refrained from using the trademark, logos and jingle of “Eat Bulaga” after its receipt of the said order on 5 January 2024 that enjoined GMA from broadcasting/using the same. Furthermore, the RTC did not adjudge GMA liable for copyright infringement and damages. Hence, the CA decision affirming the RTC decision should have no impact/effect on the business or operations of GMA. We trust that we have sufficiently clarified the matter". |