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Old Dec 6, 2011, 10:51 AM   #1
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Apple Loses Chinese Lawsuit Against Proview Technology Over 'iPad' Trademark




Financial Post reports that Apple has lost a lawsuit it had filed against Chinese company Proview Technology alleging infringement of the "iPad" trademark. At stake in the dispute is ownership of the Chinese "iPad" trademark itself, which Proview registered for in China back in 2000. The company threatened to sue Apple last year amid failed negotiations, pegging the value of the trademark at $800 million.




As today's report notes, Apple purchased the European rights to the "iPad" trademark from Proview's parent company last year for just $55,000 and filed its suit against the Chinese subsidiary earlier this year with claims that the European deal also included the Chinese rights. Proview's Chinese arm has since sued Apple for $1.6 billion.
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Apple purchased the European rights to the iPad name from Proview's global parent last year for about $55,000 and filed an infringement lawsuit against the Shenzhen subsidiary six months ago, claiming the European deal also included China. While Tuesday's reported ruling suggests China's legal system does not agree, Apple officials did not immediately respond to a request for comment.
It is unclear exactly what the next steps will be in the dispute and whether there is an appeals process in place beyond today's ruling. Alternatively, Apple may have to continue working toward a settlement with Proview's Chinese arm or refrain from using the iPad name in China.

Article Link: Apple Loses Chinese Lawsuit Against Proview Technology Over 'iPad' Trademark
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Old Dec 6, 2011, 10:52 AM   #2
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Should I say... ooops??
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Old Dec 6, 2011, 11:07 AM   #3
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Should I say... ooops??
lol poor apple but this company has had the name since 2000
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Old Dec 6, 2011, 11:07 AM   #4
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Apple should just bite the bullet..pay them and end the dispute.
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Old Dec 6, 2011, 11:08 AM   #5
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Lovely.

Knock-off junk-ware bearing the "iPad" name in a major market.
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Old Dec 6, 2011, 11:13 AM   #6
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lol poor apple but this company has had the name since 2000
Ah, the joys of the global economy with national laws affecting commerce.

In the U.S., one cannot squat on a name. Unless a company has actively used the name in a product, one would not usually be able to claim harm and collect damages. I am not familiar with the laws in China, however.
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Old Dec 6, 2011, 11:23 AM   #7
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Ah, the joys of the global economy with national laws affecting commerce.

In the U.S., one cannot squat on a name. Unless a company has actively used the name in a product, one would not usually be able to claim harm and collect damages. I am not familiar with the laws in China, however.
Wait... There's laws in China?
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Old Dec 6, 2011, 11:28 AM   #8
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Originally Posted by eawmp1 View Post
Ah, the joys of the global economy with national laws affecting commerce.

In the U.S., one cannot squat on a name. Unless a company has actively used the name in a product, one would not usually be able to claim harm and collect damages. I am not familiar with the laws in China, however.
Except they're not squatting. They produced iPad PC's in the Asian market.

Looks like they got a bargain with the EU trademark, the Chinese one is going to be quite a bit more expensive.

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Old Dec 6, 2011, 11:29 AM   #9
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Trade war!

Apple should throw it's hat into a trade war proposal with China.
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Old Dec 6, 2011, 11:54 AM   #10
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"Apple Inc bought the trademark rights in Europe and other places from Proview Taipei, but Proview Technology (Shenzhen) Co Ltd still held the iPad trademark in China.
Li said the two sides had been negotiating the trademark issue at the beginning of this year, but later Apple quit the talks as Proview International became trapped in a debt crisis and its assets were frozen by eight banks. [...]

The eight banks are Bank of China, China Minsheng Bank, China Development Bank, Guangdong Development Bank, Bank of Communications, Shanghai Pudong Development Bank, Hua Xia Bank and Ping An Bank."

Sounds like that trademark is the only thing of value Proview owns and the banks are the ones chasing this.

http://www.chinadaily.com.cn/bizchin...t_11466712.htm
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Old Dec 6, 2011, 11:59 AM   #11
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Originally Posted by *LTD* View Post
Lovely.

Knock-off junk-ware bearing the "iPad" name in a major market.
Are you saying Proview shouldn't be able to use a name they registered well over half a decade before Apple wanted it?
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Old Dec 6, 2011, 12:03 PM   #12
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I would go in and sue the government for all the counterfeit apple stores, for not being able to control it. And if that didnt work, I would just decide not to sell ipads in china....watch how fast they change their mind....
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Old Dec 6, 2011, 12:07 PM   #13
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Are you saying Proview shouldn't be able to use a name they registered well over half a decade before Apple wanted it?
All I'm saying is that house will bring the neighbourhood property value down. No one says you aren't allowed to do that, though.

Last edited by *LTD*; Dec 6, 2011 at 12:40 PM.
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Old Dec 6, 2011, 12:09 PM   #14
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I would go in and sue the government for all the counterfeit apple stores, for not being able to control it. And if that didnt work, I would just decide not to sell ipads in china....watch how fast they change their mind....
Cutting off one's nose to spite one's face comes to mind.
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Old Dec 6, 2011, 12:39 PM   #15
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Apple should just bite the bullet..pay them and end the dispute.
No Apple shouldn't just go and pay them money. They should push this as far as it can go. The iPad is major international brand as far as products go and is only associated with Apple.

Apple should stand its ground.
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Old Dec 6, 2011, 12:43 PM   #16
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If Proview owns the name, they own the name. They chose a name—after Apple started using i names, but before the iPod, it seems—that turned out to have value; and Apple chose a name with the potential for some expense! I still think they chose well.*

I remember that Apple had to call AirPort AirMac in some countries. So be it, but I think they’ll settle in the iPad case.

* Flashback to when the 8-year olds were snickering about Apple using the word “pad,” because they forgot that a million tech products were already called “pads”: mouse pads, keypads, trackpads, gamepads, DDR pads, numeric pads, wrist pads, chair pads, and the PADD tablets on Star Trek! And pad thai. Mmmmm... pad thai....
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Old Dec 6, 2011, 12:46 PM   #17
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Uh oh. It looks as if when it comes to IP protection Apple may have a chink in its armor. There is a simple solution though, and I'm surprised that Apple's usually adroit marketing department didn't think of it. Just call the Chinese version of the product the "iPaddy". Problem solved.

Last edited by Cartaphilus; Dec 6, 2011 at 12:55 PM.
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Old Dec 6, 2011, 01:20 PM   #18
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Uh oh. It looks as if when it comes to IP protection Apple may have a chink in its armor. There is a simple solution though, and I'm surprised that Apple's usually adroit marketing department didn't think of it. Just call the Chinese version of the product the "iPaddy". Problem solved.
Bad choice of words for this thread?
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Old Dec 6, 2011, 01:24 PM   #19
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Interesting; China permits an intellectual property free-for-all (movies, technology, even branding) yet everyone else has to play by the rules. Not exactly a level playing field.

Nonetheless, no matter what happens next this will not end in an injunction against Apple selling iPads in China. Not before pigs grow wings. Too much profit for everyone.

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Bad choice of words for this thread?
Ooh, you went there.
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Old Dec 6, 2011, 01:33 PM   #20
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Originally Posted by *LTD* View Post
Lovely.

Knock-off junk-ware bearing the "iPad" name in a major market.
That's harsh... I wouldn't call the iPad 2 junk-ware

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Old Dec 6, 2011, 01:35 PM   #21
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That's harsh... I wouldn't call the iPad 2 junk-ware

Haha.. Would be fun if Apple actually had to pay, equally as others have to pay to them for using knock-off iBlah-names.
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Old Dec 6, 2011, 01:41 PM   #22
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Haha.. Would be fun if Apple actually had to pay, equally as others have to pay to them for using knock-off iBlah-names.
The funny thing is - Apple has a lot of history of this; either copying, buying, or being sued & settling for - other peoples' trademarks. IIRC "Classic", "iPhone" and "iOS" were all in use before they became Apple trademarks. Hell, even the name & logo of the company itself were the subject of legal disputes for several years.
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Old Dec 6, 2011, 03:40 PM   #23
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No Apple shouldn't just go and pay them money. They should push this as far as it can go. The iPad is major international brand as far as products go and is only associated with Apple.

Apple should stand its ground.
Love the fanboyism here, when shoe is on different foot it is hard to handle for people. What is point in doing trademark if anyone can use any name, could I start a company by name Apple and start selling whatever I want too ? No Apple will go after me for that. It is same thing, no matter how small the company is when it comes to laws you need to apply it equally. Technically speaking Apple doesnot have ground here except negotiating settlement. Either Apple should settle with company or stop selling its product in China under name of iPad. Afterall for iPhone they did settle with others in past.
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Old Dec 6, 2011, 03:48 PM   #24
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File in Europe to get a ruling the rights also apply to the Chinese subsidiary?

That would at least lean against the current ruling against Apple. It was a tactical error to file in China first since they are adverse to all US interests generally. Hence the real and actual risks to having Chinese suppliers and investments since property rights of foreign entities are regularly forsaken without notice.

China should fix that.

IF Apple ever sells an iPad in China they will simply have to change the name, and they should shift all iPad final assembly out of China ASAP.

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Old Dec 6, 2011, 04:00 PM   #25
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I am very anti China. I hate how world treats them with kid gloves. Bastards can do anything they want and our government have to let them so we don't offend them or God forbid embarrass them. Apple should just get better lawyers. Its not like China is famous for protecting trading laws. They shamelessly copy anything they can put their hands on. How many of you seen iphone clones? Or clothes "NICE" "ADIDOS" "PUMO"?
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