Atresmedia dismantles Mediaset's attacks against Antena 3's successful 'Pasapalabra' and its AlaZ: this is the forceful statement it has issued to defend itself

The legal battle between Atresmedia and Mediaset over the future of the final round of Pasapalabra continues to intensify. Just hours after it emerged that MC&F, the production company that created El Rosco, will file a lawsuit considering that AlaZ reproduces essential elements of its format, the San Sebastián de los Reyes group has reacted with a strong statement in which it flatly rejects any accusation of plagiarism.

Atresmedia maintains that it has "scrupulously" complied with the Supreme Court ruling that forced the withdrawal of El Rosco from Pasapalabra. In addition to ceasing the broadcast of the round, it assures that it has voluntarily executed the rest of the obligations imposed by the judicial resolution, including the consignment of the corresponding compensation.

The company defends that AlaZ is not born from El Rosco, but from the adaptation of the Swiss contest DallAZetA, a pre-existing format whose license it has legally acquired. As it explains, this fact demonstrates that the new round was developed independently and that it does not constitute a reproduction of the game created by MC&F. Likewise, it recalls that the differences between both formats have been appreciated by both viewers and specialized press since its premiere.

Among these differences, Atresmedia highlights the disappearance of the traditional graphic rosco, the new arrangement of the contestants, the possibility of asking for clues in exchange for losing time, the freedom to choose the order of the questions, and a different mechanic based on completing words through definitions. In its opinion, these modifications give AlaZ its own personality and distance it from the format subject to litigation.

The group also considers that Mediaset's claim intends to go much further than the protection of intellectual property rights. In its opinion, the lawsuit seeks to monopolize common elements of television contests, such as the use of the alphabet, the confrontation between two contestants, or the existence of a limited time, aspects that, it recalls, are not susceptible to exclusive protection.

Furthermore, Atresmedia maintains that many of the similarities pointed out by MC&F do not really belong to El Rosco, but to the historical identity of Pasapalabra itself. Elements such as the accumulated jackpot, the presence of celebrities, the final duel, or the structure of the contest are part of the original format of the program and not of the specific round that was withdrawn by judicial order.

Finally, the company accuses Mediaset of deliberately trying to harm the success of Pasapalabra and its new final challenge. In this regard, it assures that it maintains "full confidence" in the legal soundness of AlaZ and announces that it will oppose any attempt to preemptively withdraw the contest or damage its reputation. Similarly, ITV Studios, international owner of the Pasapalabra format, has reiterated that it retains exclusive rights to both the name and the contest and has shown its support for Atresmedia, reminding that Mediaset is prohibited from using the brand after the resolutions of the Supreme Court.

Full statement from Atresmedia

Regarding the information published yesterday by some media outlets, attributed to Mediaset and MC&F, the Atresmedia Group states the following:

1. Atresmedia has scrupulously complied with the sentence, which it has voluntarily executed before the corresponding court, requiring the cessation of the broadcast of the 'El Rosco' challenge, as well as the other pronouncements thereof, among others, the consignment of the appropriate compensation which has already been made effective.

2. The 'AlaZ' format is not based on 'El Rosco', but was created independently. The fact that a license has been obtained for the adaptation of the 'DallAZetA' format, owned by the Swiss production company RSI, a company unrelated to the litigating parties; which is a pre-existing, original and peacefully exploited format, constitutes, in itself, a determining proof that the new final challenge of 'Pasapalabra', 'AlaZ', is an independent and novel development not based on 'El Rosco'.

3. The differences between 'AlaZ' and 'El Rosco' are unquestionable, and this has been confirmed by both specialized press and contestants and viewers themselves since its premiere. The graphic element of the "rosco" —the most distinctive of the MC&F format according to the Supreme Court's own ruling— does not exist in 'AlaZ'. In addition to this, among others, are the following differences that give 'AlaZ' its own originality:

• The arrangement of the contestants framed as a "booth" versus their arrangement solely in front of platforms or lecterns.
• The change in response time to 110 seconds or a time different from that of 'El Rosco' adds a differentiating element and demonstrates that the difficulty of the test has changed for the contestants.
• The introduction of the new mechanic, which is fundamentally the key to how the game unfolds, consists of filling in the blanks for each letter based on a definition, which gives it more precision given that there can only be one correct answer.
• The contestant now has a third option in the game: asking for a hint, completing one of the letters of the word and losing time at the same time.
• The possibility of choosing the order of the questions (from A to Z or from Z to A), which introduces a strategic component non-existent in 'El Rosco'.
• The naming of the final test as 'AlaZ', which clearly deviates from the naming of 'El Rosco'.

4. Something unprecedented is intended: to monopolize a game based on the alphabet played by two contestants. The generic characteristics of a type of program (game show, talk show, reality) are not exclusively appropriable. Neither ideas nor the style of a program or an audiovisual work constitute intellectual property. Nor is anything that may be common heritage forming part of the cultural patrimony protected.

5. The alleged coinciding elements that Mediaset and MC&F have pointed out, such as the blue and orange colors of the program or the confrontation between two contestants, are accessory, commonplaces, and are conditioned by the program's previous tests. These elements cannot be monopolized by MC&F. They are genre conventions. Therefore, these supposed "insurmountable similarities" that have been established between 'AlaZ' and 'El Rosco' refer to ordinary elements of the language of television game shows: presence of two contestants, competitive dynamic, turns, time limit, correct answers, errors, final tension, or use of chromatic codes.

6. Moreover: none of these elements belong to 'El Rosco'. The duel for the jackpot, the accumulated time, the presence of celebrities who help an anonymous contestant, and the role of final climax are from 'Pasapalabra', present in all its challenges for more than two decades. The questions associated with the letters of the alphabet with limited time are the essence of 'DallAZetA', the licensed format. The proof is that the original format that gave rise to 'El Rosco', the '21x100', had 21 questions in 100 seconds, without a duel for the jackpot and without time accumulation. None of that existed when MC&F created its format: 'Pasapalabra' provided it. One cannot claim authorship of what was not created.

7. 'Pasapalabra' has its own identity that does not disappear by changing a final challenge. Any format integrated into 'Pasapalabra', as is normal, necessarily adopts its features: its contestants, its rhythm, its aesthetics. These are the "similarities" that are pointed out. They are not traces of 'El Rosco': they are a natural consequence of integration. 'El Rosco' had them for the same reason.

8. What seems to be underway is not the defense of rights, but a campaign to destroy the success of the new challenge, as well as that of one of its competitor's most successful programs and most beloved by the audience.

9. Atresmedia and ITV Studios have absolute confidence in the legal solidity of 'AlaZ' and will oppose any attempt to provisionally withdraw the program or harm its reputation.

10. Atresmedia and ITV Studios will continue to defend their program, their team, and the millions of viewers who, with their support every afternoon, make it a leader.