Court Ruling Against VIVO International Corporation Underscores the Enforceable Nature of TiVo's Worldwide Trademark Rights
ALVISO, CA, Apr 13, 2012 (MARKETWIRE via COMTEX) --TiVo Inc. (NASDAQ: TIVO), known globally as the creator of and a
leader in advanced television services including digital video
recorders (DVRs), announced today that an Australia Federal Court
ruling has acknowledged TiVo's worldwide recognition and upheld the
exclusive rights of the TiVo trademark. This decision, against VIVO
International Corporation Pty Ltd, an Australian-based television
manufacturer, vindicates the broad and enforceable nature of TiVo's
worldwide trademark rights at a time when TiVo continues to drive
impressive, international subscriber growth.
"This ruling validates the notoriety and reputation of TiVo across
the world as it relates to the continually innovative consumer
electronics industry," said Matt Zinn, Senior Vice President, General
Counsel, Secretary and Chief Privacy Officer for TiVo Inc. "We are
pleased that the court found TiVo's long standing reputation as a
leader in advanced television to be fundamentally unique and this
case should serve as a warning to others who, intentionally or
unintentionally, seek to capitalize on the TiVo trademark for their
own benefits."
Her Honour Justice Dodds-Streeton found TiVo to have established a
strong reputation in Australia for "its advantages and novel
features" and as demonstrated by substantial mentions in national
media and popular culture entertainment. Finding that the substantial
reputation of the TiVo mark preceded the launch of the TiVo product
in Australia in 2008, the court ruled that VIVO's adoption of the
VIVO mark even prior to TiVo's 2008 commercial rollout in Australia,
infringed TiVo's rights. As a result of the findings, the court
ordered that VIVO should be removed from the trademark registry and
that further use of the VIVO mark would constitute continued
infringement of the TiVo mark. TiVo agreed to a temporary stay of the
order pending the court's determination, whether to allow an appeal
by VIVO.
TiVo's growing global footprint includes partners and subscribers in
United Kingdom, Spain, Australia, New Zealand, Canada, Mexico and
Taiwan.
About TiVo
Founded in 1997, TiVo Inc. (NASDAQ: TIVO) developed the
first commercially available digital video recorder (DVR). TiVo
offers the TiVo service and TiVo DVRs directly to consumers online at
www.tivo.com and through third-party retailers. TiVo also distributes
its technology and services through solutions tailored for cable,
satellite, and broadcasting companies. Since its founding, TiVo has
evolved into the ultimate single solution media center by combining
its patented DVR technologies and universal cable box capabilities
with the ability to aggregate, search, and deliver millions of pieces
of broadband, cable, and broadcast content directly to the
television. An economical, one-stop-shop for in-home entertainment,
TiVo's intuitive functionality and ease of use puts viewers in
control by enabling them to effortlessly navigate the best digital
entertainment content available through one box, with one remote, and
one user interface, delivering the most dynamic user experience on
the market today. TiVo also continues to weave itself into the fabric
of the media industry by providing interactive advertising solutions
and audience research and measurement ratings services to the
television industry. www.tivo.com.
TiVo and the TiVo Logo are registered trademarks of TiVo Inc.'s
subsidiaries worldwide. Copyright 2012 TiVo Inc. All rights reserved.
SOURCE: TiVo