Outfit 7, the entertainment company behind the popular Talking Tom and Friends app, has successfully sued Chinese counterfeit app publisher NanJing oooo3d Ltd.
The Chinese firm illegally published various apps that claimed to be sequels to the original Talking Tom and Friends franchise, developed and owned by Outfit 7.
Outfit 7’s attorneys, Gibson, Dunn and Crutcher LLP, filed the lawsuit against the company – who was unlawfully profiting from the app’s success with titles such as Talking Tom 3 and Talking Tom 4 – in January 2013.
In one of the first lawsuits filed in the US courts against mobile app IP infringement, NanJing oooo3d was found guilty of copying the Talking Tom virtual character as well as the look and feel of the app.
The Chinese firm has been ordered to pay compensation to Outfit 7 for loss of goodwill and value suffered to the brand and has been permanently prohibited from manufacturing, distributing or promoting any counterfeit merchandise bearing the Talking Tom or Talking Friends trademark.
Outfit 7 is celebration the win that it believes ‘sends a forceful message to companies producing counterfeit products.’
Samo Login, founder and CEO of Outfit 7, said: "Innovation, unique characters and high-value entertainment are fundamental to the success of our brand.
"We have invested heavily in our research and development to ensure our products are market leaders and, as such, we will do whatver it takes to protect our IP.
"We always have the best interest of our consumers at heart and their protection against counterfeit products that do not comply with either privacy or health and safety regulations is of paramount importance to us."
Outfit 7 is now focusing on additional areas of IP enforcement, bringing in Baker and MCKenzie to represent the company’s products in China.
The firm is also cooperating with global app stores including Google Play, iTunes and Window Phone Store in the fight against IP infringement in the mobile app space.
It has already removed in excess of 80 counterfeit apps published on such distribution platforms.