Erwin Oliva
INQUIRER.net
MANILA, Philippines – There is now an ongoing trademark dispute over the name of the popular Filipino band Rivermaya, its manager Lizza Nakpil and lawyer of the band members told INQUIRER.net in separate interviews.
Representing the Riverymaya band members, lawyer Patricia Alvarez confirmed that she filed an opposition to Nakpil’s application for the “Riverymaya” trademark with the Intellectual Property Office (IPO).
Nakpil applied for the Rivermaya trademark with the IPO last July 7, online records of the government agency showed.
Rivermaya drummer Mark Edward Escueta, however, also has a pending application for the same trademark, which he filed on October 10.
“Lizza Nakpil has attempted to register the name. What she has is an application,” Alvarez said in a telephone interview.
IPO rules allow any opposition to trademarks filed with the agency, Alvarez said.
The band members formally opposed Nakpil’s trademark application for the “Rivermaya” name in October weeks after Escueta applied for the same trademark with the IPO.
In the ongoing dispute, each party can use the trademark “at their own risk,” Alvarez said.
In a separate interview, Nakpil said she has been applying for the Riverymaya name since 1994. Online records of the IPO, however, showed that she applied for the trademark in 1996 but was “abandoned.”
Nakpil said the IPO published her Rivermaya trademark application on July 7, 2008 but acknowledged that “there’s a chance” trademark applications can be challenged.
“There’s an ongoing opposition,” she said in a telephone interview.
The Rivermaya band members, consisting of vocalist Jayson Fernandez, bassist Japs Sergio, guitarist Mike Elgar, and Escueta, announced late last month that they have parted ways with Nakpil for unknown reasons. Philippine Daily Inquirer sources claimed the group accused Nakpil of “unauthorized collection of royalties.”
Nakpil had described the charge as “silly” and “funny.” “Unauthorized? I’m authorized. I’m the manager. I own the sound recordings. I’m the record label,” Nakpil told INQUIRER.net in an earlier interview.
Alvarez claimed that Nakpil’s trademark application was also one of the reasons that led to the band losing trust and confidence with their long-time manager.
Nakpil, though disheartened with the band members’ decision to disengage with her, maintained her right to Rivermaya, which she and film director Chito Roño created in 1993.
“We conceptualized it, picked the members,” she said.
“We put up the band,” Nakpil added, stressing Rivermaya has always been an “auditioned band.” Nakpil said she had always hired musicians to make the band, which had several roster changes through the years, and not the band hiring a manager to work for them. “Rivermaya is a different animal,” she said. Among the band’s former members include Bamboo Mañalac, Rico Blanco and Perf de Castro.
Nakpil likened the decision to kick her out of the band to “drivers (in the Ferrari team) firing (team owner) Ferrari.”
“It is quite amusing,” she said, recalling the band’s decision. Asked what led to the parting of ways, Nakpil replied, “We don’t share the same vision.”
Nakpil said she looks forward to reviving the popularity of Rivermaya, which has been widely known for the hits “Ulan,” “214,” “Kisapmata,” “Hinahanap-hanap Kita,” “Liwanag sa Dilim,” and “You’ll be Safe Here” through its 15 years of existence.
She said she continued to have faith in the band. “I always thought that Rivermaya was a great idea” she added.
Escueta, for his part, asserted the band members’ claim to the Rivermaya name and stressed that they were working on the band’s next album without Nakpil.
“We’re just gonna let our lawyers deal with the details (of the trademark dispute),” Escueta said in a text message to INQUIRER.net. “The important thing is that the people know that Lizza is no longer our agent and that Rivermaya is doing great, so many people have expressed their support and so many doors are opening up for us. Finally, wala nang tension [There’s no more tension]. We’ve already started work on our next album. We wish Lizza well with all her projects.”
Nakpil, on the other hand, said it was Escueta who was set to leave the band with his contract expiring this month.
“Mark (Escueta) has a strange attitude towards this. With his contract, he thinks he can take the name of the band with him,” Nakpil said in a previous interview.
Because of the ongoing dispute, Nakpil insisted that Escueta, Fernandez, Sergio and Elgar cannot use the Rivermaya name if they decide to cut an album or perform onstage without her permission or supervision. She saw the legal dispute as a “weird situation.”
“I’m sad over the issue on the Rivermaya name and that it has become a legal issue. The band should be more concerned with making music,” she said.
She added: “I hate to think that the last chapter of Rivermaya is going to revolve over a silly trademark issue. Ayoko nito [I don’t like it]. I don’t want it to become absurd.” With additional report from Gerry Plaza.