CA junks ABS-CBN petition on copyright infringement

The Court of Appeals has dismissed a plea from TV giant ABS-CBN Channel 2 for the tribunal to set aside its decision dismissing the copyright infringement case it filed against rival  TV5 for allegedly “copying”  the popular game show “Wowowee.”

The tribunal’s First Division dismissed the motion for reconsideration filed by ABS-CBN, saying that the firm failed to present any compelling reason for the court to revise its September 2011 decision.

“(ABS-CBN failed) to raise a valid justification to warrant a modification or reversal of the pronouncements made in the assailed decision,” said the ruling penned by Associate Justice Japar Dimaampao.

Presiding Justice Andres Reyes Jr. and Justice Jane Lantion concurred with the ruling.

‘Similar show’

ABS-CBN had claimed that ABC 5’s “Willing-Willie” was  similar to its past program “Wowowee,”  hosted by Willie Revillame.

The appellate court, however, dismissed ABS-CBN’s claim, adding that it was guilty of forum-shopping by trying to stop Revillame from airing his new game show on TV5 after he transferred from ABS-CBN  to that station.

The appellate court’s decision also stopped Makati Judge Joselito Villarosa from proceeding with the copyright case, and set aside the orders he had previously issued.

After it was reported that Revillame was going to host a new game show titled “Willing Willie” on TV5, ABS-CBN asked the Quezon City Regional Trial Court to issue a temporary restraining order to stop him from “creating or performing work similar to the work under the talent agreement” he had with Channel 2.

The Quezon City court, however,  denied the request of ABS-CBN to stop Revillame from hosting “Willing-Willie.”

This prompted the network to seek the judge’s inhibition from the case.

TRO, injunction

ABS-CBN again sought a TRO and injunction  in the Court of Appeals against Revillame, but the appellate court’s Special 14th Division denied the petition with finality.

The TV giant  then filed a copyright infringement case in  a  Makati regional trial court against Revillame and TV5, arguing that the TV host’s  new show  was similar to “Wowowee.”

TV5 later filed  a case in the appelate court accusing ABS-CBN of forum shopping.