Friday, September 1, 2017

Must Read: An Open Letter from the "Brain Child" of Du30 wine to an International Lawyer

Photo credit to owner

Europe-based Filipino entrepreneur, Maria Elizabeth ‘Olga’ Briton Famorcan an OFW appealed and seek help to all Duterte supporters for the special wine named after her idol, President Rodrigo Duterte, to ensure the legitimacy of ownership for the said wine.

Before the launch of the Du30 wine in Barcelona Spain on August 26, Du30 supporters introduced it to Mayor Sara Duterte last August 13 at Davao City Hall.  

Photo credit to owner

Photo credit to owner

Photo credit to owner

Photo credit to owner

Since the brain child of Du30 logo on Du30 wines not able to attend the DDS pasasalamat sa Pangulo. The OFW AKO CHAIRMAN Dr.Chie Umandap with Marcia Gonzalez-Sadicon Phil . Region President of AKO OFW and Gemma Sotto from New York DDS Global Coordinator hand over the Du30 red wine to Mayor Sara Duterte. Mga kaibigan ni Maria Elizabeth Olga Briton Famorcan.

Unfortunately, when the said launch everyone awaits for feedback we have received thru our Facebook page inbox a message from the "brain child" of Du30 wine seeking help not to support the Du30 wine since she and Atty. Chona Abiertas Tenorio a Europe-based Filipino lawyer mislead her. 

Please read the appeal of Maria Elizabeth Olga Briton Famorcan:

"BE INFORMED that I am formally withdrawing my support and promotion of the DU30 Wines and Cavas of Atty. Chona Tenorio and company. 

As known to many of the pure-blooded supporters of our beloved President Rodrigo R. Duterte, Atty. Tenorio initially approached me and solicited my assistance, with my strong connections, so that her wines and cavas be sold. I don't personally know her nor have seen her but I trusted her claim that she is a supporter of our President and gave her my full trust and confidence while we simply communicated via Messenger. I then created and proposed unto her the concept on the DU30 Wines and Cavas to equally honor our President. She accepted the idea and the creation of the trademark followed. It was designed based on the characteristics I supplied, thus, I ask, Who must own exclusive copyrights of the DU30 Wines and Cavas Trademark? By analogy, will the lawyer who merely prepared the wishes of a testator in a last will and testament destroys its personal aspect? Clearly, I, no other, owns the copyrights of the trademark.

While a small portion of the proceeds of the sale shall indeed be donated to the livelihood and rehabilitation projects of our dear President, the DU30 wines and cavas is principally a business. It was supposed to be a joint-venture between me and Atty. Tenorio for which I will serve as an agent tasked to promote it and make the sales.

In fact, Atty. Tenorio then drafted the contracts that she emailed to me and directed me to immediately execute. I did not heed her demand and told her that I am not a lawyer, as she is, to understand the contents of the contracts she sent. I will not blindly sign it as she wanted me to. I then sought the assistance of good friends in the administration and engaged the services of a lawyer to explain to me the contracts that Atty. Tenorio desperately wanted me to execute immediately. It was then when I learned that the contracts are one-sided and do not protect my best interests. For one, it is stated in it that the trademark shall be registered between me and Atty. Chona. This is wrong for she is fully aware, as evidenced by our constant communication via emails I am in possession, that the characterictics of the trademark that she merely caused to be implemented through a graphic artist she engaged was from me and upon my approval. We agreed that I reimburse unto her the service fee she will pay when done.  

Thus, my lawyer drafted two new contracts which best protect not only my rights and interests but also of Atty. Tenorio. These are the Trademark License Agreement and an Agency Contract, written in both English and Spanish. 

When copies of which were emailed to and read by Atty. Tenorio, she disagreed on the safety nets indicated in case of violations. I wondered but just the same, I then instructed my lawyer to contact her and come to an agreement to suit her demands. I then agreed to amend the stipulations she didn't like so that we can just proceed and focus on the promotion and sales.

After sending her the amended copies of the contracts, I demanded that the contracts be executed during the launching of the DU30 wines and cavas held last August 26. However, when the event had been concluded, Atty. Tenorio made an alibi that she was so tired to execute the contracts until I receive a message from her that she will not sign the contracts. She invited me to her office and there, I was told that we will further discuss the contracts. I did not bite her obvious bait.

I then instructed my lawyer to send a demand via email unto Atty. Tenorio that instead at her office, we meet at the Philippine Consulate in Barcelona, Spain on August 29 at 5:00pm to make a fair ground. She heed my demand and appeared at the  Philipine Consulate. She was then with her nephew. I was with my friends. The Honorary Consul was also present.

As soon as she arrived, however, Atty. Tenorio started setting her phone as if to take a video recording of what will transpire. The Honorary Consul instructed her not to. Then Atty. Tenorio  reiterated that she will not sign the contracts until I can prove to her that I solely own the copyrights on the trademark. Calmly, I discussed what actually transpired which led to the creation of both the trademark and the concept of the DU30 wines and cavas as stated above. It was then when Atty. Tenorio became hysterical and insisted on her claims. I then contacted my lawyer to join the discussion via Messenger Voice call so that a simple OFW be fairly represented against a lawyer in Barcelona.

Despite having been shown and explained to that I have exclusive copyrights on the trademark, she became more hysterical with her claims in the presence of the Honorary Consul and all of us. She was then told to leave the room for her conduct. She left without any of the contracts executed."

I cannot possibly extend my brief sojourn in Barcelona for I am but an ordinary OFW who also has to work for a living. Atty. Tenorio has not communicated with me since then until I come to realize that I have been used, plain and simple, and my ideas stolen. 

Hence, I am bringing this matter to all pure-blooded supporters of our dear President so that you may know the truth and nothing but the truth about the DU30 wines and cavas that Atty. Tenorio may continue to sell and solely benefit from to my damage and prejudice. Should she fulfill the commitment to donate for the livelihood and rehabilitation projects of our beloved President, it will not cure the misdeed she committed. I reierate, I have been used and my ideas stolen.

I am sending this stern warning to Atty. Chona Abiertas Tenorio that I reserve my copyright and interest on the trademark. Should she continue using it in her wines and cavas, I will institute the appropriate court action and disbarment proceedings for conduct unbecoming an officer of the law.

I am Maria Elizabeth Briton Famorcan and I am a lady of my words. SO HELP ME GOD.

According to Olga Famorcan, Du30 name and logo of the wine is her intellectual property rights. Thus, her partner Atty. Chona Tenorio only used her for her own benefit. She is now appealing to all fellow Duterte supporters abroad  to ensure that the integrity and name of President Rodrigo Duterte will be protected and shall not be use for the benefit of Atty. Chona Abiertas Tenorio.

"Please wag nang suportahan Ang Du30 wines dahil ang may ari ng alak na si Chona Abiertas Tenorio, ginamit Lang Ang Du30 name and logo na likha ng totoong may malasakit para pangalagaan Ang pangalan ng Presidente. Tuloy Ang Du30 wine para maka tulong sa simpleng paraan ng Administration and rehabilitation ng Presidente pero Hindi na kasama si Chona Abiertas Tenorio. Abogado na tagapagtangol pero niloko Ang brainchild ng Du30 name and logo." said Famorcan.

Chona admittedly, she registered the Du30 trademark in her business. the name of Chona Abiertas Tenorio CAT FINANCIAL SL. Talagang intentional ang pang loloko na ginawa nya sa akin. Ang plan sa ko to call the attention of our fellow FILIPINOs specially the Du30 Supporters na wag nang suportahan Ang Du30 wines. To protect the President's name. Kc nga personal na interest ni Chona Ang pag gamit ng Du30 para mabinta Ang alak nya. Ang 12 pesos na mapupunta sa livelihood program ng Presidente. Napaka liit kumpara sa price ng alak. Kaya humihingi ako ng tawad sa LAHAT NG DDS supporters dahil pangalan ni Presidente nadawit. Dahil sa tiwala bilang pure blooded Supporters ako ng ating Mahal na PANGULO. 😭

YOU CAN ALSO READ: A Must Share: See photos of 'DU30' Wines to be launch in Europe by Duterte supporters

It is very saddening hearing stories like this with our fellow Filipino people abroad. 

We are more than happy to hear the side of Atty. Cina Abiertas Tenorio who's life will be featured at Magpakailanman in GMA 7.

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