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Apple Faces Potential $38 Million Fine in China as $1.6 Billion Lawsuit Over 'iPad' Trademark Proceeds

Gasu E. said:
I don't know how things work in China. In a country with an actual legal system, you have to prove actual damages.
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Given the type of concern here you actually just have to make a case that the other side has been rewarded by their illegal use. Which is very clear when you look at sales numbers. That's where the sum is coming from.

That said, there's an issue of good faith with the deal with the parent company and frankly where's Proview's iPad. One could argue that if they aren't using the name themselves, or rather weren't before this whole thing started, then perhaps they shouldn't be able to claim rights to it. And I seem to recall at least one article that pointed out that there was no use before they realized that it was Apple behind the sale. Then suddenly something was released, triggering all of this.
 
bacaramac said:
Interesting, you would think Apple had their ducks in a row when they bought the parent company.

I have a feeling Chinese law is not as forgiving as others, but that is strictly a guess.
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Chinese law is whatever the communist overlords determine it to be. This is a government shakedown pure and simple. With a swipe of a pen this lawsuit could disappear as quickly as it appeared. No Chinese corporation has the power to do anything without the communist government's blessing. Apple has already been given a figure to make this go away. And Apple has no choice but to pay the price, which they will. The Chinese market is too important to ignore.
 
Hi..larry..us... China upset over potential IP misappropriation. Unfortunately, China is too big a market to ignore so I suspect Apple will settle this with payola.
 
Johnny Steps said:
Apple should troll China and not sell iPads then. Make the country will suck Apple in a moist fashion.
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That would probably be just fine with the government. Then they could produce and sell all the iPad knock-offs they want, and even call them iPads.
 
charlituna said:
Given the type of concern here you actually just have to make a case that the other side has been rewarded by their illegal use. Which is very clear when you look at sales numbers. That's where the sum is coming from.

That said, there's an issue of good faith with the deal with the parent company and frankly where's Proview's iPad. One could argue that if they aren't using the name themselves, or rather weren't before this whole thing started, then perhaps they shouldn't be able to claim rights to it. And I seem to recall at least one article that pointed out that there was no use before they realized that it was Apple behind the sale. Then suddenly something was released, triggering all of this.
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Some heads might roll in the legal department at Apple... Bah, it's just lawyers... let them foot the bill... :D

Can you imagine a world without lawyers: http://youtu.be/0u9JAt6gFqM
 
notjustjay said:
And when the country makes it difficult for Apple to produce iPads, iPods, iPhones, MacBook Airs, MacBook Pros, Apple TVs, etc., etc. in its factories... then what?
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Move manufacturing elsewhere, to Brazil, to India, to the U.S. There's plenty of cheap labor in other parts of the world.
 
aah, i know how this gets solved. Apple just says.. Okay, we get a fine, ok. And we are out of China, thats it. Apple is a big employer, and can use that card.
 
Gasu E. said:
I don't know how things work in China. In a country with an actual legal system, you have to prove actual damages. Just asking for a random $1.6B when you have only suffered $5 in actual economic damage normally doesn't work.
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Come on, this is China we're talking about.
 
It's funny because I just finished watching the latest Top Gear episode where they drive a bunch of Chinese cars that are all clones of European cars :p
 
nastymrx said:
aah, i know how this gets solved. Apple just says.. Okay, we get a fine, ok. And we are out of China, thats it. Apple is a big employer, and can use that card.
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No such card exists when dealing with a totalitarian state like China. China can just ordain that Apple products are illegal in country. End of story. Apple needs China's market more than China needs Apple's manufacturing biz.
 
Shocking really, when China is renowned for stealing other people' s designs and making cheap knock off's
 
JilzVT said:
$38 million? That's ashtray money.
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Do you know how companies (and people) can get destroyed. One "brick" at a time.

This "potshot" is 38 million. Another is over a billion. If Apple is involved in litigation after litigation - they could easily lose their "nest egg." Do I think it will happen - no. But for people to always say that this amount or that amount is meaningless is rather silly. Especially since it's not always about the money. Legal precedents are set with every lawsuit. If Apple loses or wins one - it sets a precedent for future (similar) cases.
 
garybUK said:
Shocking really, when China is renowned for stealing other people' s designs and making cheap knock off's
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It's not really any more shocking than Apple - a company that almost religiously protects its own trademarks - would be found guilty of trademark infringement. The irony works both ways! ;)
 
charlituna said:
One could argue that if they aren't using the name themselves, or rather weren't before this whole thing started, then perhaps they shouldn't be able to claim rights to it. And I seem to recall at least one article that pointed out that there was no use before they realized that it was Apple behind the sale. Then suddenly something was released, triggering all of this.
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That isn't strictly true:

6836089267_4f5efface4_b.jpg


We have a couple of these monitors at the office. And I can assure you they're older than 2010.

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samcraig said:
Do you know how companies (and people) can get destroyed. One "brick" at a time.

This "potshot" is 38 million. Another is over a billion. If Apple is involved in litigation after litigation - they could easily lose their "nest egg." Do I think it will happen - no. But for people to always say that this amount or that amount is meaningless is rather silly.
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Yup. "A million here, a million there, pretty soon, you're talking real money." --Everett Dirksen
 
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China has a lot of nerve, considering they allow the selling of more fake Apple products and pirate more software than any place else on Earth.

Apple should sue China for the billions they lose over there every year.
 
charlituna said:
Given the type of concern here you actually just have to make a case that the other side has been rewarded by their illegal use. Which is very clear when you look at sales numbers. That's where the sum is coming from.

That said, there's an issue of good faith with the deal with the parent company and frankly where's Proview's iPad. One could argue that if they aren't using the name themselves, or rather weren't before this whole thing started, then perhaps they shouldn't be able to claim rights to it. And I seem to recall at least one article that pointed out that there was no use before they realized that it was Apple behind the sale. Then suddenly something was released, triggering all of this.
Click to expand...

Actually Proview released a computer called the I-PAD in Asia around ten years ago. It didn't sell particularly well but they did actively use the I-PAD name before this lawsuit kicked off.
 
SuperCachetes said:
Uh, regarding the price of labor, "one of those things is not like the others..."
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Actually, cost of labor is just one part of the total costs. As fuel prices go up, it becomes cheaper to source locally at some point. Factor in productivity and it begins to make sense to move production closer to markets. That's China's big challenge - at some point companies will leave simply because the total costs are less elsewhere; and China will have the same employment issues other countries have faced; except their likely to have 10x as many people out of work and pissed.
 
reefoid said:
Actually Proview released a computer called the I-PAD in Asia around ten years ago. It didn't sell particularly well but they did actively use the I-PAD name before this lawsuit kicked off.
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But is I-Pad and iPad the same? That dash could be critical.
 
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