Rivermaya Mark Escueta (in photo) fires back at ex-manager Lizza Nakpil in connection with the ugly dispute raging over ownership of the band's name.
"Freedom, security and the rights of all artists, past, present and future are at stake here," explained Mark in an e-mail letter to PEP (Philippine Entertainment Portal). "We cannot allow our ideas to be registered to the wrong people who give bogus stories,"
Rivermaya accuses former manager of career sabotage
Friday, October 16, 2009
05:17 PM
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What was once a productive relationship has turned increasingly sour for the current members of Rivermaya and former manager Lizza Nakpil because of a legal dispute over ownership of the band's name.
PEP (Philippine Entertainment Portal) recently received a copy of the letter being disseminated by Rivermaya drummer Mark Escueta to friends and loyal followers, disputing Nakpil's claim that she completely owns the Rivermaya brand, as declared by the Intellectual Property Office (IPO) last August 18.
According to Mark, the IPO's decision at the moment remains uncertain. Nakpil's "application for registration of the trademark 'Rivermaya' is still pending," he said.
Mark Escueta's letter, which has been circulating in cyberspace, includes a copy of the certification issued by the IPO:
"This is to certify that the trademark 'Rivermaya' with Application Serial No. 4-2008-008018 is the subject matter of a pending Intellectual Property Right (IPR) case docketed as IPC No. 14-2008-00254 an Opposition to Trademark Application Serial No. 4-2008-008018 for the trademark 'Rivermaya' entitled Mark Edward P. Escueta, Michael Maximino C. Elgar, John Paul R. Sergio and Jayson S. Fernandez, Opposers, versus Lizza G. Nakpil, Respondent-Applicant before the Intellectual Property Office. Decision No. 2009-103 dated August 18, 2009 was issued and received by Opposers on September 22, 2009 and by Respondent-Applicant on September 24, 2009 respectively, and that no Entry of Judgment/Execution of decision has been issued yet."
MANUFACTURED OUTFIT. In 1993, Lizza Nakpil and film director Chito Roño called for an audition to form a rock n' roll band that would eventually be called Rivermaya.
The band was founded to capitalize on the burgeoning local alternative rock scene that was starting to take over mainstream radio at the start of the decade. Rivermaya's first official lineup as introduced to the public was composed of Perf de Castro, Nathan Azarcon, Bamboo Mañalac, Mark Escueta, and Rico Blanco.
Rated second to the phenomenal Eraserheads in terms of commercial appeal, Rivermaya churned out dozens of hits which are now hailed as modern OPM gems. Some of the songs popularized by the band include "Ulan," "Awit ng Kabataan," "214," "Kisapmata," "Himala," "Hinahanap-Hanap Kita," "Nerbyoso," "Umaaraw, Umuulan," "Wag Na Init Ulo Baby," "You'll Be Safe Here," and "Balisong."
Ever since its birth, the band went through personnel changes, which have greatly altered the group's overall sound and image. A headcount of former Rivermaya members totaled nine overall: Jessie Gonzales, Rome Velayo, Kenneth Ilagan, Jyel Tagbo, Perf de Castro, Kakoi Legaspi, Nathan Azarcon, Bamboo Mañalac, and Rico Blanco.
Among the ex-members, the departure of vocalist Bamboo and chief songwriter Rico is seen by fans as the most significant. The two artists had a huge role in shaping the band's identity during two separate periods.
Mañalac left the band in 1997 following the band's U.S. tour before making a comeback in 2003 with his new band, Bamboo. He was joined by another former Rivermaya member, bassist Nathan. Rico, on the other hand, resigned from the band in 2007 to "pursue other interests," but eventually returned to the music scene this time as a successful solo artist.
Rico's shocking departure forced management to call for a nationwide audition to fill in the huge void left by its main songwriter. Eighteen-year-old Jayson Fernandez bested other aspirants to bag the coveted yet daunting role of fronting a big act.
Rivermaya's third evolution made up of Jayson, Mike Elgar, Japs Sergio, and remaining original member Mark Escueta courageously carried the band's legacy by releasing an EP titled Bagong Liwanag, followed by a full-length record, Buhay.
SEVERING TIES WITH NAKPIL. Loyal followers and insiders were shocked when news came out in December 2008 that Rivermaya parted ways with longtime manager Lizza Nakpil.
The fallout was allegedly brought about by a dispute concerning money matters over royalties and other dealings.
But while the four-piece unit was determined to soldier on without Nakpil's supervision, the group was confronted with a problem concerning the use of their own name.
Nakpil, as it turned out, has asserted her claim over the band's name on the strength of her application to the Intellectual Property Office of the Philippines, declaring the Rivermaya trademark to be in her possession.
PEP (Philippine Entertainment Portal) obtained a copy of a statement (purportedly from the IPO) affirming Nakpil's ownership of the Rivermaya name:
"Musicians Mark P. Escueta, John Paul Sergio, Michael Elgar, Jayson Fernandez, and their coordinator Flordeliza Hardin are not connected with the owner of, and therefore are not entitled to the use of the tradename 'Rivermaya' of the popular rock band, which was created, developed and financed by Lizza Guerrero Nakpil in 1993. Producers and agents are likewise barred.
"The Intellectual Property Office (I.P.O.) of the Philippines, in Decision No. 2009 - 1003 promulgated on August 18, 2009, ordered the recognition of Ms. Nakpil's ownership of the trademark Rivermaya, with Serial No. 4-2008-00818. The order was signed by IPO Director Estrellita Beltran-Abelardo.
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