I would bet it is fair to say that Proview couldn't give a toss about the name. They're just pissed they gave it away, and someone else did something good with it.
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Apple and Proview in Settlement Talks over iPad Trademark in China
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I would bet it is fair to say that Proview couldn't give a toss about the name. They're just pissed they gave it away, and someone else did something good with it.
Except that Valve might then get sued for usig it. In this case, I am pretty sure that Proview predates the HL Portal logo:
Wikipedia:
Proview predates that by far.
It's Hong Kong ROC, right? So a judgment in one region should be applicable in another region, right? It may be the judge is trying to not be forced to do the ROC equivalent of filing criminal charges for extortion.
I wonder if the negotiations center on how much Proview will pay APPLE to go away now?
Rocketman
I wonder if the negotiations center on how much Proview will pay APPLE to go away now?
Rocketman
Shame On Proview.
It sounds like to me Proview frauded Apple when they sold the rights to them in the first place. Apple should sue Proview to get their initial $55,000 back and also sue Proview for lying to them, saying they had the right to sell the name, when in fact they didn't. I'd say sue them for an additional 500 million to teach them a lesson to not falsely sell items they know they have no legal right to sell. Then Apple should sue Proview once more for falsely filing an illegal lawsuit against Apple, when they knew all along they were in the wrong. And a fourth lawsuit should be brought on to claim legal fees and for tying up the courts time.
It sounds like to me Proview frauded Apple when they sold the rights to them in the first place. Apple should sue Proview to get their initial $55,000 back and also sue Proview for lying to them, saying they had the right to sell the name, when in fact they didn't. I'd say sue them for an additional 500 million to teach them a lesson to not falsely sell items they know they have no legal right to sell. Then Apple should sue Proview once more for falsely filing an illegal lawsuit against Apple, when they knew all along they were in the wrong. And a fourth lawsuit should be brought on to claim legal fees and for tying up the courts time.
It sounds like to me Proview frauded Apple when they sold the rights to them in the first place. Apple should sue Proview to get their initial $55,000 back and also sue Proview for lying to them, saying they had the right to sell the name, when in fact they didn't. I'd say sue them for an additional 500 million to teach them a lesson to not falsely sell items they know they have no legal right to sell. Then Apple should sue Proview once more for falsely filing an illegal lawsuit against Apple, when they knew all along they were in the wrong. And a fourth lawsuit should be brought on to claim legal fees and for tying up the courts time.
article said:
Smoking gun . . . .
I wonder what the Chinese term is for that. They have one for everything.
Rocketman
Seeing as Proview didn't know who the buyer was there is no way there was any plan from the start to extort money from Apple - if they did they would have asked for more money to begin with.
I still think (and I've read the HK ruling) that Proview acted in good faith to begin with. Then at a later date they noticed a potential loop hole in the agreement and decided to try their luck in court. If there is a loop hole then Apple only have themselves to blame.
It's a bit naive for anyone to claim they (or Apple) would act any differently if they were in the same position as Proview - no one is going to turn down a payday even if it's morally wrong.
No, Hong Kong is a special administration region of the People's Republic of China (PRC). Hong Kong has a different legal system and judgements made in Hong Kong are not applicable on the Mainland (PRC) or in Taiwan (Republic of China).
Correct. They only extorted the company they did business with who then sold/gave that to Apple, Inc. Whether the Chinese trademark is clouded by a contract term or not, the "spirit of the agreement" is clear. Hence the HK ruling.
Since extortion is criminal conduct and not merely a civil tort, which it also is, I would be concerned for the way they punish extortion in China, and I am guessing it is fast and hard.
China needs Apple.
Rocketman
The damage here is already done. By allowing this clear bait-and-switch to occur, large companies will think twice about their investments in China. I foresee a lot more Brazilian manufacturing in Apple's future.
It's personal
I hope Proview loses. The first monitor I bought was made by Proview, and it didn't even last a year. And CRTs typically last forever. 7th grade me didn't have a lot of money and wasn't very happy.
Just needed to vent a little.
I hope Proview loses. The first monitor I bought was made by Proview, and it didn't even last a year. And CRTs typically last forever. 7th grade me didn't have a lot of money and wasn't very happy.
Just needed to vent a little.
Someone tell Valve!
Thanks for alerting Proview to this...Valve may be sued next for trademark infringement.
Thanks for alerting Proview to this...Valve may be sued next for trademark infringement.
the sale wasn't just about China. There were like 10 other companies in the mix.
So since they want to keep those it would be more like they sue for $5k. Otherwise they would negate the whole thing and have to start over and Proview would jack them up with a way higher price, etc
Greed
Chinese government and Chinese people in mainland China alike always claim that Taiwan is part of China. Now that there is money involved, suddenly contracts signed with Taiwanese arm of a Chinese company is not valid in China any more.
I guess that this is exactly what they meant by "One Country, Two Systems"...
Chinese government and Chinese people in mainland China alike always claim that Taiwan is part of China. Now that there is money involved, suddenly contracts signed with Taiwanese arm of a Chinese company is not valid in China any more.
I guess that this is exactly what they meant by "One Country, Two Systems"...
Brazilian manufacturing works when it's target to brazilian market where import taxes are pretty high. Otherwise, our labour costs are higher than there. China will be in trouble only when workers organize themselves and start a labour revolution there. Maybe it's already happening but it's not interesting for ocidental companies and China's government divulging such news.
Up to 2 billion!?!?
No, not extortion at all. 2 billion in "damages˝ is extortion no matter how you look at it.
I have no respect for companies that make their business based on hording as mant patents and trademarks as possible in hopes that a mega billion corperation will violate them.
No, not extortion at all.
2 billion in "damages˝ is extortion no matter how you look at it.I have no respect for companies that make their business based on hording as mant patents and trademarks as possible in hopes that a mega billion corperation will violate them.
Are you serious?
Preview hasn't made a product in years, much less anything relevant
Just a blatant grab for Apple $$$$
Preview hasn't made a product in years, much less anything relevant
Just a blatant grab for Apple $$$$
Up to 2 billion!?!?
No, not extortion at all.
I have no respect for companies that make their business based on hording as mant patents and trademarks as possible in hopes that a mega billion corperation will violate them.
They'll never get this amount... they're just trying to overrate their damages as any person or company does when it feels damaged.
And I thought Microsoft was evil. These guys are total @#$%s!
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Nah, Valve is too small to be noticed. Apple is the world's biggest company and a big target.
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Nah, Valve is too small to be noticed. Apple is the world's biggest company and a big target.
Agreed, let's see ... Proview is a burden to the country, it left a lot of debt and in the brink of bankruptcy. The only thing that makes it defendable is that they are a fellow Chinese company. But still it's not productive anymore.
On the other hand, ironic Apple is not Chinese company at all, but the hype is too great and iPad/iPhone tax alone in a month could be equal with 5x Proview's debt. So yeah, which would you choose
Sure, they want money.But it's not extortion, it's finding the value of that brand name in that market.
There is no doubt that they registered the name 'ipad' in China well before anyone else - and with no Apple iPad even on the drawing board.
Ask yourself, if YOU would have registered the 'ipad' name a decade ago would you just give it to Apple for a handshake?
I certainly wouldn't.
So? You comment is totally irrelevant. The Beatles didn't do any new songs in decades and still own the rights. Motorola has probably 1000 patents that they never used, they still own them.
They did sell the rights to the name to Apple's representative. Have a look at the evidence if you don't believe this. All correspondence regarding the matter stated that the rights in China and Taiwan were being sold. The payment was made to the company that is parent of both the Chinese and Taiwanese subsidiaries. Apple originally corresponded with the Chinese office to purchase the Chinese rights, and the Chinese subsidiary then requested that Apple meet with them at the Taiwanese subsidiary's office, claiming that the Taiwanese subsidiary actually owned the rights. The purchase documents explicitly state that Chinese and Taiwanese naming rights are included in the sale. And the same person is the CEO of the parent and both subsidiaries. That is why the Hong Kong court ruled that the various subsidiaries conspired to defraud Apple's representative of the naming rights that it had purchased.
Of course, whether the Chinese mainland courts make their ruling based on actual evidence or political expediency remains to be seen.
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OTOH, it was a remarkably good copy of the original iMac...