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TiVo Global Reputation Leads to Victory in Trademark Lawsuit Against Australian TV ManufacturerCourt Ruling Against VIVO International Corporation Underscores the Enforceable Nature of TiVo's Worldwide Trademark Rights (April 13, 2012)
ALVISO, CA -- (Marketwire) -- 04/13/12 -- 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.
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. © 2012 TiVo Inc. All rights reserved.
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