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Old Feb 22, 2012, 10:46 AM   #1
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Apple and Proview Face Off in Shanghai Court Over iPad Trademark




While Proview has had some success in its battle against Apple's use of the "iPad" trademark in China with minor court decisions against local retailers, the two companies are now going directly head-to-head in a higher-profile case underway in Shanghai. There has been no decision in the case yet, but lawyers for both sides spent four hours today laying out their evidence for the presiding judge. Reuters notes that Apple has gone on the offensive by citing the impact on the Chinese economy if iPad sales were to be halted, given the iPad's massive popularity and Proview's current lack of any product offering under that name.
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"Proview has no product, no markets, no customers and no suppliers. It has nothing," Hu Jinnan, a partner at Guangdong Shendadi law firm, which is representing Apple in the case, told the court.

"Apple has huge sales in China. Its fans line up to buy Apple products. The ban, if executed, would not only hurt Apple sales but it would also hurt China's national interest."
Apple's tactics of highlighting the economic impact of the iPad and calling into question the validity of Proview's trademark given a lack of physical product using the name are side arguments to its primary claims, which hold that Proview agreed to transfer the rights to an Apple-held company in late 2009 and has failed to uphold its part of the deal.




Proview's iPAD, sold from 1998 until 2009 (Source: The Wall Street Journal)
A Hong Kong court sided with Apple last year, ruling that Proview and its subsidiaries had colluded to extort significant sums of money from Apple in refusing to hand over the Chinese rights to the trademark. But Apple needs to convince courts in mainland China to adopt the same view as it seeks to thwart Proview's attempts at halting iPad sales and its requests for as much as $2 billion in compensation. Proview has argued that the Hong Kong ruling is inadmissible in Chinese courts, although Apple could presumably submit the same primary evidence to the Chinese court that it did in the Hong Kong case, seeking to convince the Chinese judge to independently come to the same conclusion.

Article Link: Apple and Proview Face Off in Shanghai Court Over iPad Trademark
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Old Feb 22, 2012, 10:50 AM   #2
HarryKeogh
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Well, it's true what they say. "Nobody can resist the charming of iPAD."
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Old Feb 22, 2012, 10:50 AM   #3
chuloo
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iMac

Looks a bit like the first iMac.
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Old Feb 22, 2012, 10:50 AM   #4
mKizzo
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Love the copy on this ad. Typical of what I see in Taiwan all the time. lmao
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Old Feb 22, 2012, 10:50 AM   #5
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It was nice knowing you Proview
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Old Feb 22, 2012, 10:51 AM   #6
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All these reports about Chinese factory workers making long shifts. I feel for the Apple lawyers... Those poor guys are making 90 hours a week!
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Old Feb 22, 2012, 10:51 AM   #7
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What I find funny about this is that this iPAD itself looks a lot like an iMac ripoff. Which was also introduced in 1998.

Edit: It would be interesting to see if it was actually released after the iMac was. Not that it would help Apple though, even if it was a copycat iMac, as the trademark was granted anyway.

Last edited by GekkePrutser; Feb 22, 2012 at 10:56 AM. Reason: It was a trademark, not a patent
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Old Feb 22, 2012, 10:51 AM   #8
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This feels remarkably like the original iMac in terms of design (all-in-one, rounded enclosure with a CRT and a handle on top) and purpose (machine that makes it easy to get on the Internet).
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Old Feb 22, 2012, 10:52 AM   #9
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Fair is Fair

Apple would be quick to go after anyone using their trademarks so it is only fair that Apple are stopped from trampling over an exiting product with the ipad name.
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Old Feb 22, 2012, 10:52 AM   #10
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Quote:
Proview has no product, no markets, no customers and no suppliers. It has nothing.
This is the truth, and frankly it's the problem with IP laws. A lack of common sense.
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Old Feb 22, 2012, 10:53 AM   #11
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Free money!

Here's hoping the Chinese judge has common sense to see this is simply blackmail and extortion, since Apple had already acquired the rights to the name before launching its product — I'm pretty sure the world's largest tech company won't do something as foolish as doing anything else than this.

All that's left of it is for Proview's CEO to mug Tim Cook at gunpoint.

Last edited by Menopause; Feb 22, 2012 at 11:04 AM.
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Old Feb 22, 2012, 10:53 AM   #12
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Old Feb 22, 2012, 10:54 AM   #13
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I say stick it to Proview, so the next fool will think twice before bringing up a groundless suite.
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Old Feb 22, 2012, 10:57 AM   #14
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Quote:
Originally Posted by Going Digital View Post
Apple would be quick to go after anyone using their trademarks so it is only fair that Apple are stopped from trampling over an exiting product with the ipad name.
I agree. I don't know why Apple thinks that Proview DOESN'T have the trademark right. Just because Apple is a corporate monster doesn't mean that they don't have to adhere to the same trademark laws as everyone else. Proview's compensation request is outrageous of course, but I would think their rights to that name in China is undisputed.

Tony
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Old Feb 22, 2012, 10:59 AM   #15
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Quote:
Originally Posted by Tones2 View Post
I agree. I don't know why Apple thinks that Proview DOESN'T have the trademark right. Just because Apple is a corporate monster doesn't mean that they don't have to adhere to the same trademark laws as everyone else. Proview compensation request is outragous of course, but I would think their rights to that name in China is undisputed.

Tony
How do you know this? Have you seen a copy of the original agreement when apple purchased the rest of the worldwide rights?
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Old Feb 22, 2012, 11:00 AM   #16
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Quote:
Originally Posted by Going Digital View Post
Apple would be quick to go after anyone using their trademarks so it is only fair that Apple are stopped from trampling over an exiting product with the ipad name.
Unless they really did sell the rights to Apple, and ProView is just pissed bacause they didn't know it was Apple buying the rights and are just trying to get more money now...
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Old Feb 22, 2012, 11:00 AM   #17
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Quote:
Originally Posted by BobbyRond View Post
All these reports about Chinese factory workers making long shifts. I feel for the Apple lawyers... Those poor guys are making 90 hours a week!
... but those 'Apple lawyers' are probably earning more in the 90 hours than a Chinese factory worker will in their lifetime working there.


Edit:
Quote:
Originally Posted by chuloo View Post
Looks a bit like the first iMac.
I just Googled and found this article by MIC Gadget comparing the two.
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Last edited by Hustler1337; Feb 22, 2012 at 11:11 AM.
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Old Feb 22, 2012, 11:00 AM   #18
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Quote:
Originally Posted by Tones2 View Post
I agree. I don't know why Apple thinks that Proview DOESN'T have the trademark right. Just because Apple is a corporate monster doesn't mean that they don't have to adhere to the same trademark laws as everyone else. Proview's compensation request is outrageous of course, but I would think their rights to that name in China is undisputed.

Tony
Maybe beause Apple bought the world rights to the term iPad from them?
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Old Feb 22, 2012, 11:01 AM   #19
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If Proview truly has no customers, no market etc. then they should have no right to 'iPad' -- how can something that basically doesn't exist have rights to it's... nonexistence?
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Old Feb 22, 2012, 11:02 AM   #20
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Originally Posted by spazzcat View Post
Unless they really did sell the rights to Apple, and ProView is just pissed bacause they didn't know it was Apple buying the rights and are just trying to get more money now...
this is the likely scenario. Apple may win this case however Im troubled by their defense which is basically that China makes too much money off their manufacturing their product.

TBH its borderline extortion.
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Old Feb 22, 2012, 11:02 AM   #21
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I don't think highlighting the economic impact of the iPad is a valid argument for trademark.
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Old Feb 22, 2012, 11:02 AM   #22
ihateilove
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Apple's problems aren't unique, in China

Hee Hee, did Proview make this?

On a more serious note, this report does a good job observing that the Proview problem is just the latest in a series of chapters which show the problems Apple -- and any Western firm -- has doing business in China.

Last edited by OllyW; Feb 24, 2012 at 09:32 AM. Reason: removed link to blog
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Old Feb 22, 2012, 11:03 AM   #23
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Quote:
Originally Posted by Metal Dice View Post
This is the truth, and frankly it's the problem with IP laws. A lack of common sense.
I think the lack of product, suppliers, etc is a weak argument. How many thousands of patents does Apple hold for things that aren't necessarily physical products? Yes, some are for things they're working on, but many (most) will never come to fruition but you darn well know Apple would sue if someone were to use "trample" on their IP.
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Old Feb 22, 2012, 11:03 AM   #24
Tones2
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Quote:
Originally Posted by spazzcat View Post
Maybe beause Apple bought the world rights to the term iPad from them?
Um..I must have skipped over that part. D'OH!

Tony
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Old Feb 22, 2012, 11:04 AM   #25
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Originally Posted by JayLenochiniMac View Post
I don't think highlighting the economic impact of the iPad is a valid argument for trademark.
yeah, if they actually had to change the name it would still sell
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