Tivo Inc v Vivo International Corporation Pty Ltd (No 3)

In the Federal Court of Australia, the case of Tivo Inc v Vivo International Corporation Pty Ltd (No 3) involved a dispute regarding trade mark infringement and the provision of financial information. Tivo Inc alleged that Vivo International Corporation Pty Ltd's "VIVO" trade mark was deceptively similar to Tivo's "TIVO" trade mark, leading to a court-ordered injunction and cancellation of the "VIVO" trade mark registration. Following an appeal and its dismissal, Tivo sought financial information from Vivo to decide between an account of profits or damages. The legal issues in this case centred around whether Vivo adequately complied with the court's order to provide specific financial details and whether the court could compel the provision of further information beyond what was initially ordered.

The court held that Tivo was entitled to the orders it sought as the initial orders did not preclude the court from ordering alternative means to provide the necessary information. The court found that Vivo's affidavits and annexures did not comply with the previous orders for several reasons, including the lack of specific breakdowns of costs and sales prices per product, and the failure to provide documents such as sales invoices and purchase order forms. The court concluded that the information provided was insufficient to enable Tivo to make an informed decision on whether to pursue damages or an account of profits.

Ultimately, the court ruled in favour of Tivo, finding that the information provided by Vivo did not meet the requirements set out in the previous orders. The court emphasized the need for Vivo to provide detailed and specific financial information to assist Tivo in making its election. The orders required Vivo to provide a more comprehensive account of its sales and costs, including breakdowns by product and the necessary documentation to support its claims.