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The future of
Pasapalabra
, which is now broadcast by
Antena 3
after the Supreme Court forced
Telecinco
to cancel
it in 2019
, is once again in the hands of the Justice as a result of another
dispute over the intellectual property rights
of its star test
El Rosco
.
In the Mercantile Court number 8 of Barcelona, the lawsuit filed by the Dutch company
MC&F Broadcasting Production and Distribution CV
against the companies ATRESMEDIA and ITV
was held this Tuesday
, in which it demands that its intellectual property be recognized of the
El Rosco
format
, its broadcast is prohibited and it be compensated for damages and prejudices.
In this way, the dispute that producers and television media have maintained for more than a decade over the broadcast in Spain of the successful program, which ends with its flagship test,
El Rosco
, in which the contestants must get a word right starting with each letter of the alphabet, based on their definitions.
A "very powerful" test, the producer who developed the Italian version of the contest has admitted to the judge on Tuesday, given that the objective of the contest -which closes the
Pasapalabra
program every day on
the edge of the 21:00-hour newscast on Antena 3 - It was "to drag as many viewers as possible" to the Canale 5 newscast.
The program, modeled on the Italian space
Passaparola
, landed on Spanish television in 2000:
Antena 3
broadcast it until 2006, but a year later it moved to Telecinco.
Pasapalabra
was already the subject of a first legal dispute that was settled in October 2019, when the Supreme Court forced
Telecinco
to stop broadcasting the program after losing the lawsuit that the chain -
Mediaset España Comunicación, SA
.- had filed in 2010 against the British ITV company, following a conflict with this production company.
The reason for this lawsuit - Mario Rodríguez,
Mediaset's
general secretary
, who has testified as a witness - has explained, is a letter that the company received from MC&F informing it that it held the license for
El Rosco
, for which it decided to sign a contract with that company. Dutch company and take ITV to court, claiming that it was not the owner of the rights to the space.
After its victory in court, ITV transferred the rights to the program to ATRESMEDIA and
Antena 3
returned to broadcast the program on May 13 of last year, in the midst of the coronavirus pandemic.
When the broadcasts of the contest began, two months ago the Dutch company
MC&F
had filed a lawsuit against ATRESMEDIA in which it became the creator and owner of the intellectual property rights of
El Rosco
, asked to prohibit its broadcast and be compensated for the damages and damages caused, in a figure that will be specified "a posteriori", if you win the lawsuit.
Upon realizing that Antena 3 was programming
Pasapalabra
daily , despite the lawsuit filed to prevent it, MC&F urged the judge to provisionally suspend the broadcast of the final test
El Rosco
while it resolved on the merits of the issue, but its request was rejected.
The Supreme Court ruling that settled the dispute over
Pasapalabra
's rights in 2019 did not determine whether
El Rosco
's test is capable of being protected by intellectual property as an autonomous format, a matter that has now become the main object of the lawsuit filed. by MC&F.
In this sense, the lawyer of the production company that negotiated the licenses to broadcast in Italy
Passaparola
has maintained, in her testimony as a witness, that
El Rosco
has its own intellectual property rights regarding the program.
A juicy television test that, the Secretary General of
Mediaset
has recognized
, is the
Pasapalabra
space
that attracts the most advertisers.
Hence, the last question put to the Mediaset executive by ATRESMEDIA's lawyers is whether the purpose of Telecinco is to recover
El Rosco
: "We are interested in broadcasting any program that monopolizes the audience of the public," the witness has settled.
According to the criteria of The Trust Project
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