California - TiVo, the global creator and leader in advanced television services including digital video recorders (DVR's) has won a trademark infringement lawsuit against VIVO International Corporation, an Australian-based television manufacturer.
"This ruling validates the notoriety and reputation of TiVo across the world as it relates to the continually innovative consumer electronics industry," commented Matt Zinn, Senior Vice President, General Counsel, Secretary and Chief Privacy Officer for TiVo. "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."
In her ruling, the Australian court judge found TiVo to have established an undeniable reputation with Australian consumers for "its advantages and novel features" based upon its substantial accolades in national media and entertainment pop culture. Because of the well-established TiVo trademark, the judge ruled that VIVO's use of its VIVO trademark indeed infringed on TiVo's rights, even though VIVO was in use before TiVo began offering service in Australia. As a result, VIVO was ordered to immediately stop using its registered trademark and that any further use of the trademark would constitute continued infringement of the TiVo brand. TiVo agreed to temporarily stop legal proceedings while the court determines whether VIVO will be allowed to appeal the decision.
During a time where TiVo continues to gain impressive global market share with subscribers, its global presence includes partners and subscribers in Australia, Canada, Mexico, New Zealand, Spain, Taiwan, and the United Kingdom.
TiVo, headquartered in San Jose, California, was founded in 1997. The company is credited for being the first to develop digital video recorders available to consumers, with its DVR's and service available for sale online through its website or through third-party retailers, such as Amazon. Over the years, TiVo has become the ultimate media solution center by combining its patented DVR technologies and universal cable box capabilities with the ability to combine, search, and deliver millions of pieces of broadband, cable, and broadcast content directly to viewers.