Dolphy's family sues Banayad Whisky for copyright infringement
The family of Dolphy is suing a liquor company for appropriating Banayad Whisky, the fictitious brand associated with the late legendary comedian, and for allegedly using his image without permission.
Dolphy's son Eric Quizon on Instagram posted an image of the whisky's promotional image, as well as a warning that read:
“This is to inform the public that: BANAYAD WHISKY as shown in the photograph above and/or any product or merchandise having the same brand, is NOT ASSOCIATED, AFFILIATED, OR CONNECTED with RODOLFO ‘DOLPHY’ VERA QUIZON and/or the HEIRS OF DOLPHY."
In the caption, Eric said the "bootleg seller" is using his dad's image and the trademark name, which are patented and with copyrights.
He added that the whisky brand wasn't registered with the Food and Drugs Administration (FDA).
"At first they cooperated with us but stop communicating when the Quizons demanded them to stop selling," Eric said, adding that they already filed a case against the company.
Dolphy's grandson, Boy2 Quizon, also warned the public about the issue via Instagram Story.
"Heads up lang: we have filed a case against the seller who won't stop selling their products using my lolo's image and the name Banayad Whisky. Just please beware," Boy2 said, adding the hashtag #wagmagpabudol.
On its website, Banayad Whisky states that it is owned by BMN Marketing Corporation, LLC. It claims that it "was authorize [sic] to use the trademark Banayad by the mark owner."
It also claims that its products are "Distilled and Matured in Scotland," coming from the Highland and Spey region. This cannot be independently verified at the moment.
The FDA in its Advisory No. 2023-0324 issued last February warned Filipinos against purchasing and consuming five kinds of Banayad Whisky products including the "Unregistered Banayad Whisky 2021" editions bearing Dolphy's likeness.
It said that BMN Marketing Corporation, LLC doesn't have a license to operate and that its products have not been evaluated by the FDA.
"Since these unregistered food products have not gone through evaluation process of the FDA, the agency cannot assure its quality and safety," wrote the FDA.
It also reinforced the fact that the product isn't affiliated with the late actor and his family.
Banayad Whisky was featured in the 1995 movie Father En Son, during which the character of Dolphy was filming a commercial for the fictitious brand. He was forced to take shots of the drink, but had to do several takes and more shots, ending up drunk on set.
PhilSTAR L!fe reached out to BMN Marketing Corporation, LLC via its Banayad Whisky website, but has yet to receive a reply.