The Court of Appeals (CA) has dismissed a copyright infringement case media giant ABS-CBN filed against former talent Willie Revillame, ABC Development Corporation and its president Ray Espinosa, and Wilproductions Inc. before a Makati City trial court in connection with "striking similarities" between Revillame's now-defunct show "Wowowee" with ABS-CBN and his subsequent game show "Willing Willie" with ABC.In a 16-page decision by the Former First Division promulgated on September 5, 2011 and penned by Associate Justice Japar Dimaampao, the appellate court said "ABS-CBN is guilty of forum shopping having filed two cases based on the same cause of action" even as reliefs it prayed for were "divergent."
On August 10, 2010, then ABS-CBN talent Revillame, host of "Wowowee," filed a Complaint for Judicial Confirmation of Rescission of his Talent Agreement with ABS-CBN with the Quezon City Regional Trial Court (RTC) Branch 84 after "the harmonious relationship between Revillame and ABS-CBN turned sour prompting the host to leave his home studio."
The court noted that ABS-CBN, in opposing Revillame's complaint, asked the trial court to issue a Temporary Restraining Order (TRO) or an injunctive writ to prohibit Revillame "from creating or performing work similar to the work under the Talent Agreement; engaging in activities which were adverse to the interests of ABS-CBN; and, appearing or permitting his name, voice or likeness to be used, directly or indirectly to promote any product or service in print, radio or television or any form of advertisements, in direct competition with ABS-CBN."
More than three months after Revillame filed his complaint before the QC RTC, ABS-CBN filed with the Makati City RTC Branch 66 the complaint for Infringement of Copyright Under Section 172.1 of the Intellectual Property Code against Revillame, et al., asking for damages and issuance injunctive relief to prevent the showing/airing of "Willing Willie."
ABS-CBN alleged that each segment of the defunct "Wowowee" was "reproduced" in "Willing Willie" namely: 1) introduction of the host by one "DJ Coki," 2) dance number of Revillame, 3) "Biga-ten" segment named as "Bigtime Ka," and 4) "Willie of Fortune" was repackaged as "Willtime Bigtime."
ABS-CBN also claimed that "the look and feel of the new show was strikingly similar to the previous one" from set design, stage, studio viewers' layout, sequencing, blocking, and camera angles.
Forum shopping
The appellate court ruled that the two actions by ABS-CBN before the two trial courts, constitute forum shopping on the part of the media network, the appellate court said.
"In the suit pending before the RTC-QC, it (ABS-CBN) implored to uphold its Talent Agreement with intervenor Revillame. Upon the other hand, private respondent prayed for the protection of its alleged copyright over the Wowowee show in the suit filed before the court a quo," the decision read.
"These reliefs may be different; nonetheless, they emanate from one cause of action -- the purportedly wrongful conduct of intervenor Revillame in refusing to honor his Talent Agreement.
"Forum shopping occurs although the actions seem to be different, when it can be seen that there is a splitting of a cause of action," the decision read.
In asking the appellate court to dismiss the Complaint for Infringement, ABC claimed that ABS-CBN "shrewdly and astutely instituted before different courts two suits predicated on the same or related cause of action which prayed for the same of substantially the same reliefs."
Not forum shopping
ABS-CBN, for its part, claimed that it was not guilty of forum shopping since the case before the Quezon City Regional Trial Court was for rescission of talent agreement while that before the Makati RTC, where ABC's principal place of business was as stated in its Articles of Incorporation and General Information Sheet, was for infringement.
The appellate court, however, was unconvinced, ruling that "where there is only one delict or wrong, there is but a single cause of action regardless of the number of rights that may have been violated belonging to one person."
"With the denial of its supplication for the issuance of a TRO to enjoin intervenor Revillame from rendering service with a rival network, private respondent (ABS-CBN) cavalierly instituted the Complaint for Infringement before the court a quo (Makati RTC)," the decision read.
"While its suit was for the protection of its purported copyright over Wowowee, a review of the aforesaid complaint evinces that private respondent persisted that intervenor Revillame violated its Talent Agreement by working for petitioner ABC.
"Without a doubt, in both suits, private respondent has the same cause, and what differs is the ground upon which the cause of action is predicated," the decision read.
The appellate court said that its earlier Writ of Preliminary Injunction issued on March 10, 2011 in favor of ABC is now declared "permanent" and the cash bond of P102,400,000 be released in favor of ABC.
Source: www.abs-cbnnews.com
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