A Network War is Brewing – And It’s Not About Ratings

Written by Rhealeth Ramos.

Solar Entertainment Corp. (Solar) and Fox International Channels Philippines Corp. (Fox) are battling it out in court. The issue revolves around the definition of mass media and, ultimately, whether or not Fox, by providing content for cable television, is engaged in a fully nationalised industry.
 
We can only speculate how the case will be decided, but SEC-OGC Opinion No. 16-17 may give us a clue. Here, mass media was defined as “any medium of communication designed
to reach the masses and that tends to set the standards, ideals, and aims of the masses, the distinctive feature of which is the dissemination of information and ideas to the public, or a
portion thereof. It refers to any means or methods used to convey advertising messages to the public such as television, radio, magazine, cinema, billboards, posters, streamers, hand bills, leaflets, mails, and the like.”
 
In conclusion, the Office of the General Counsel opined that “HDI, by leasing out or subleasing advertising spaces… actually provides a medium to disseminate or convey advertising messages to the public, and hence, is a mass media entity.
 
So is providing content for cable television a “medium of communication designed to reach the masses… the distinctive feature of which is the dissemination of information and ideas to
the public”? And consequently, is Solar correct in saying that Fox is a mass media entity?
 
We will find out sooner or later – but until then, regular programming continues.

What they say about us

The firm was recognized again in the 2017 ranking tables of the World Trademark Review (WTR), Legal500 and Chambers and Partners.

According to WTR, "(e)lite boutique Betita Cabilao Casuela Sarmiento wins praise from foreign counsel the world over: 'All the partners are responsive, dedicated, reliable and prompt in their advice. Working with them, you feel as if you you’re their only client.' The four-partner team has secured favourable results for household-name brands in a string of high-stakes cases, and prides itself on its uniquely personalised approach to both contentious and non-contentious matters. Managing partner Andre Philippe Betita is a regular in the Supreme Court, but also deftly handles filing and prosecution issues before IPOPHL; having helped to draft the country’s IP Code, he knows every line of the statute inside out. Pericles Jose Conrado Casuela is a go-to practitioner for licensing matters and IP-rich M&A negotiations." Andre and Pericles are ranked as tier 2 recommended experts by WTR. The full publication can be viewed here.

The firm is ranked as a second-tier recommended firm by Legal 500, which describes the firm: "Betita Cabilao Casuela Sarmiento’s practice handles licensing, transactions, litigation and enforcement relating to trade marks. Name partners Andre Betita, Pericles Casuela, Joseph Sarmiento and John Paul Cabilao are active practitioners." The full publication can be viewed here.

The firm's Andre Betita is ranked in band 3 of the leading Intellectual Property lawyers in the Philippines in Chambers and Partners' 2017 Asia-Pacific guide. The full publication can be viewed here.

The rankings complement the firm's milestone achievement of building a portfolio of more than 2,000 trademarks filed and registered with the Philippine Intellectual Property Office within the fifth year from its founding in 2011.  To view the firm's portfolio, visit http://www.wipo.int/branddb/ph/en/ and enter "Betita Casuela" in the "Names/Representative" search option.