Apple Trademark Infringement in China Again

Apple Trademark Infringement China

The Shenzen, China-based company called Proview Technology is still after Apple, claiming that Apple is illegally selling iPads in China.  A new suit against Apple for trademark infringement was filed a few days ago, as Apple appealed a recent Chinese court decision in favor of Proview.  According to lawyers for Proview, Apple only bought the rights to iPad outside of China, but Proview still owns the mark in China. 

 

Apple officially began selling the iPad in China in September 2010, after months of gray market activity amid eager buyers and sellers.  But the launch was short lived and problematic due to the trademark squabble raised by Proview.  The Taiwanese company that owns Proview registered the iPad trademark in 2000.  They have already asked for 10 billion yuan from Apple ($1.6 billion U.S.) for the trademark infringement.  Undoubtedly, Apple would like to sell iPads in China, but this ongoing intellectual property dispute has greatly hindered their presence there.

3 thoughts on “Apple Trademark Infringement in China Again

  1. How come no one who is writing on this subject knows exactly what rights Apple did acquire? If Apple didn’t get the rights for China, it seems like it’s a no-brainer, Apple needs to pay (and fire it’s IP team–someone’s head needs roll for this one).

    1. If we knew what the rights were then it would be easy. But that is exactly what is being litigated over. We are not privy to the agreements or negotiations that may have taken place between the parties. Further, certain agreements could be interpreted in different ways, thus lending to disputes.

  2. This may help everyone go back little bit more the history and background of the IPAD trademark.

    Latest Proview CEO Interview, Yang Rong San
    http://money.163.com/special/yangrongshan/ (iPOS conflict years ago before iPad)

    Others:

    8 Mar News
    http://www.reuters.com/article/2012/03/08/us-proview-apple-idUSBRE82707020120308

    Who Proview is and its ‘i” series product family?
    -Proview is a Global base company for CRT, monitors and TV manufacturer.
    Mainly export large Qty to USA, Europe with global manufacturing facilitates.
    It’s a listed company in Hong Kong stock exchange number:334.
    A Global manufacturer with over US$2billion sales per year.

    http://www.digitaltrends.com/mobile/proview-vs-apple-the-ipad-trademark-battle-explained/

    US court “complaint for fraud” ,due diligence
    -Way before IPAD lawsuit, Apple had a “IPOS” conflict with Proview years ago, apple may worry to be denied for the IPAD purchase. Thus, Apple assigned An agent company called IP Application Development Ltd (IPADL), talk to Provew UK, Mr. Tim Lo for the purchase of iPad , at the mean time the threaded Proview with big amount of lawsuit expenses if they don’t sell it . Eventually , Proview Taiwan action, then the assign agent “IPADL”apple assign agent sell ipad trademark to apple in $10 dollars.

    Apple first admitted the assignation of “IPADL” in Hong Kong Court last year. This kind of practice may against law in the US already.

    Apple Reason of Fraud sequences
    1) “IPOS” conflict” then
    2) Though agent company : assign IP Application Development Ltd (IPADL), Apple first admitted hong kong Court( hide the true reason and end buyer)
    3) Japan TrademarkFujitsu trademark direct transfer to Apple Inc. (similar transfer but very differ practice)
    http://www.tomsguide.com/us/Fujitsu-Apple-iPad-Trademark-Name,news-6282.html

    Trademark differences.

    US Law : Trademark by early registrator in US
    China Law : Trademark is by region(cross reference to japan region) .
    Further different region has differ practice and registration processes.

    References: http://www.bbc.co.uk/news/technology-17152957 (Fraud, BBC news)

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