Overturn in the lawsuit for ‘El Rosco’ of Pasapalabra. The Court of Barcelona has corrected the mercantile judge and has sentenced the Atresmedia group to stop broadcasting ‘El Rosco’, the star test of the large audience program on Antena 3. The judges also imposed compensation on the audiovisual group (still for specify) and they warn him that he will have to pay 50,000 euros if he continues issuing the test.
The trial held in Barcelona was the last episode of the long journey in court that the television program has followed and its most emblematic test. The lawsuit pitted the Dutch production company MC&F against Atresmedia for the intellectual property rights of ‘El Rosco’. The last word will rest with the Supreme Court, the body before which Atresmedia can appeal the ruling of the Court of Barcelona.
The Atresmedia group claimed that the matter It was already settled by the Supreme Court in 2019when the High Court ruled that Telecinco had to immediately cease the broadcast of Pasapalabra, which returned to Antena 3, the chain in which it had begun broadcasting in the year 2000.
According to Antena 3, the paternity of ‘El Rosco’ was already a ‘res judicata’, one of the reasons that prevent repetition of trials. And the judge agreed with him at first, but the Barcelona Court corrected him and forced a new trial on the paternity of ‘El Rosco’ to be held, since in the lawsuit with Telecinco with the English company that created the format, ITV, Dutch production company MC&F did not intervene.
After having to repeat the trial, the judge ruled the same conclusion: ‘El Rosco’ was not protected as intellectual property, so Antena 3 could continue to broadcast it. And the Barcelona Court once again revokes its decision, now to conclude that Atresmedia did infringe the intellectual property rights of the production company MC&F.
The ruling finds that Atresmedia violated intellectual property rights “by economically exploiting ‘El Rosco'” without the authorization of the Dutch production company MC&F. To reach this conclusion, the Barcelona judges admit that they have assessed the evidence “in a different way” from the Madrid judges who decided the Pasapalabra lawsuit between Telecinco and ITV and ruled that the owner of their rights was ITV.
The key to the sentence is that the Barcelona magistrates differentiate between the paternity of Pasapalabra and that of his star test. The rights to the program belong to ITV, but those to ‘El Rosco’ belong to MC&F. And since Antena 3 only has permission from ITV but not from MC&F, the broadcast of ‘El Rosco’ must cease.
Why did the Barcelona judges reject that ITV was the owner of ‘El Rosco’? The togados travel to the end of the 90s to find the paternity of ‘El Rosco’. Its creators were Reto Luigi Pianta and René Mauricio Loeb, who assigned their rights to MC&F. In 1998, the sentence continues, the Dutch production company agreed with the Italian company Einstein to include ‘El Rosco’ in the ‘Passaparola’ contest, a program created on the basis of the ITV license to Einstein on a second game of the British television known as ‘The Alphabet Game’.