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Apple and Proview Face Off in Shanghai Court Over iPad Trademark
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... but those 'Apple lawyers' are probably earning more in the 90 hours than a Chinese factory worker will in their lifetime working there.
In most cases like any other lawyer would compared to a factory worker.
Did you even read any of what is going on, before making such an uneducated statement?
Apple BOUGHT the global naming rights for iPad via a shell company for 35,000 pounds.
Proview is now claiming that the mother company in Taiwan didn't have the rights to sell the ipad name for use in China.
This is an extortion attempt to shake down Apple, most likely even orchestrated by the Proview receivership (Proview is bankrupt) after learning that the shell company was Apple's.
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!
yeah, but it is more that 1.78$ (or whatever) an hour... Plus they don't have safety nets... But let's face it, would we want safety nets for suicidal lawyers?
Protection against humourless twits: I have nothing against lawyer, they just are easy to pick on...
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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?
Yet John Cage had rights to 4'33". Intellectual property doesn't have to have physical mass.
Hey Tony - did you read that the Hong Kong court ruled in Apple's favor? This is attempted extortion by Proview, period.
Apple thinks that Proview doesn't have the rights because Proview sold the trademark right to Apple. I think that is a pretty good argument. Has nothing to do with company sizes, it has to do with Apple and Proview signing a contract, and Apple handing over the money.
Apparently Proview has been making up a story that the trademarks were owned by a different part of the company, but Apple has proof that this different part of the company knew about and agreed to the sale.
You are all missing the point. It doesn't matter how popular the iPad is or that Proview doesn't sell that product anymore.
What matters is that Proview sold rights to the iPad name to Apple years ago, and now that the iPad is immensely popular, has turned around and claimed they didn't really sell it, or that a mistake was made.
I'm sorry Proview, but you made your bed by selling the trademark. Now lie in it, and go away. Perhaps you should have charged Apple more for the rights.
I don't like to side with Apple on these things, as they are usually the trademark/patent bullies... But I'm trying to be fair. They bought the rights fair and clear.
What matters is that Proview sold rights to the iPad name to Apple years ago, and now that the iPad is immensely popular, has turned around and claimed they didn't really sell it, or that a mistake was made.
I'm sorry Proview, but you made your bed by selling the trademark. Now lie in it, and go away. Perhaps you should have charged Apple more for the rights.
I don't like to side with Apple on these things, as they are usually the trademark/patent bullies... But I'm trying to be fair. They bought the rights fair and clear.
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Their marketing wording in English is the funniest thing ever. I guess web translator were not really working well back in 1998.
The Proview iPad is itself a direct clone of the original iMac and anyone can see that.
Rocketman
Rocketman
I totally agree, but then why are Apple lawyers highlighting how popular the iPad is when it's not even a valid argument? What's wrong with arguing who actually has the right?
well I think the people behind the iPAD have made a grammatical error and should just correct it's name to PiAD and drop the case.
Apple soooooo regrets not going after ProView's clone in 2000. This case will make Apple even more vigilant and litigative going forward. Too bad.
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How about renaming the iPad in China to the "Dream of Technology Founded Human Spirit." Or simply DoTFHS. Let ProView go after that!
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How about renaming the iPad in China to the "Dream of Technology Founded Human Spirit." Or simply DoTFHS. Let ProView go after that!
I agree. You also don't need to have an actual product or an IMPLEMENTATION of a patent in order to get a patent for an abstract idea. That is what makes patents and trademarks so powerful -- at least when you have the funds to defend them in court against an Intellectual Property bully like Apple. Apple only respects their own IP, but is much more relaxed when they decide to rip off the designs, ideas, patents and other IP of other people and companies.
The funny thing is, as it is ALWAYS on THIS forum, that when Apple sues the **** out of somebody over one of their trivial patents or trademarks, the Holy Church of course has a holy right to do so. If some other company plays the same game, naturally, that cannot be a valid claim since Apple is the mother of invention and all others are just copycats, as is clearly stated in the First Commandment.
its shady for Apple to use their production value in court but do you realize they purchased the rights from ProView?
Nor do I.
I hope they have a lot more than that. Not confident that Apple will get the result they desire at all.
HK courts has about as much to do with Mainland China as U.S. courts... aka nothing. The British relinquished control of HK under "one country two systems". HK is effectively a foreign country in this regard.
It isn't in itself. What Apple is attempting to do is show that Proview was acting in bad faith by claiming, after the fact, that they never sold the Chinese rights to the name when the Taiwanese company clearly indicated to Apple's agent that they were selling worldwide rights (including China).
The implication is if the Chinese court doesn't side with Apple, the company will be less likely to do business there in the future. Also, other companies surely will be discouraged from building plants there or striking partnerships with local companies if they believe they'll be double-crossed and that Chinese courts won't protect their rights.
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By now, anyone selling rights to an unknown agent for anything with an "i" followed by a capital letter ought to be able to figure out that it's highly probable Apple is the real buyer. (iAd, iBook, iCloud, iMac, iPad, iPhone, iPod)
You find it strange that an Apple-centric forum is biased towards Apple?
What else would you expect? It's human nature to shout for your team.