I.Protect: ‘Tac-Tac’-A A +A
Thursday, October 24, 2013
Clint Fabiosa & Ana Liza Villamor
AS EARLY as 1982, Procter & Gamble (“P&G”) used a key visual in the advertisement of its laundry detergent and bleaching products. This key visual known as the “double-tug” or “tac-tac” demonstration shows the fabric being held by both hands and stretched sideways. On July 24, 1993, Unilever started airing television commercial of its “Breeze Powerwhite” laundry product which included a stretching visual presentation and sound effects similar to P&G’s “tac-tac” key visual. When P&G sued Unilever, the latter raised the defense that it has Certificates of Copyright Registration for its “double-tug” or “tac-tac” key visual while P&G has none.
In ruling that P&G was entitled to an injunction, the Supreme Court held that copyright for a work or intellectual creation subsists from the moment of its creation.
Accordingly, the creator acquires copyright for his work right upon its creation.
Contrary to Unilever’s contention, P&G’s exercise and enjoyment of copyright for its work and the protection given by law to it is not contingent or dependent on any formality or registration. (Unilever vs. Procter & Gamble, GR No. 119280, Aug. 10, 2006)
Published in the Sun.Star Cebu newspaper on October 25, 2013.