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Apple Loses Chinese Lawsuit Against Proview Technology Over 'iPad' Trademark
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Maybe you should study a little bit of history before you speak? The rest of the world have done whatever they want against China for over 100 years.
Notably, the Europeans back then have banned Opium domestically, knowing the drug's bad effects. Yet, the European countries were exporting Opium into China for profit like crazy.
When the Chinese government enact laws to outlaw Opium imports and tracking down pirate smuggling Opium into China what happened? The Opium War! Multiple European countries ganged up on China, some 8 countries against 1, enacting unequal treaties, seizing lands and making sure that Opium profits will continue to flow. Between that and Japanese invasion during WW2, China took 100 years to recover, and is recovering still.
Now, China is trying to play the western game as the west have called for it. Yet you are saying the West, especially Apple of all, with billions in the bank should not respect Chinese IP Laws just because it does not serve their interest?
Now onto why China is ruling against Apple, but rather slow against thousands of small shops faking Apple products... Well I'd think that it's justifiable. The Apple trademark case is worth billions and requires little man-power. All that's involvde is probably a judge or two or whatever their legal proceeding requires? Hunting down the thousnands of fake Apple shops, which is valued at, at the maximum, hundreds of thousands of dollars is comparitively a much less effecient use of resource. It will require police to hunt, procecuters from the state, along with whoever needed from the justice side of things.
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Apple may need a new chinese CEO to fix this.
The chinese government could care less about this, favoring its own people.
As a huge example, the many fake Apple Stores found all over China are still in business, apparently protected by the authorities.
The chinese government could care less about this, favoring its own people.
As a huge example, the many fake Apple Stores found all over China are still in business, apparently protected by the authorities.
Because at the time Opium was the only thing Chinese wanted. To them Europeans were the savages and not the other way around. Read and you will find out how European ships were waiting weeks and months at the time to enter Chinese ports ( i think only 2 were allowing foreigner ships).
But I dont really care. I know one thing I would rather own Japanese made electronics than Chinese made. HUGE difference in quality. Sucks Apple doesn't see it that way.
What evidence do you have that the fake Apple Stores are 'protected by the authorities'? I thought a few were shutdown by the authorities around the time the Apple Shanghai store was opening up? So at the very least we know they are not 'protected'? At max it'd be that the authorities are not prioritizing the procecution of these fake Apple Stores? Heck, according to Macrumor reports, I think most of these stores were actually selling genuine Apple products.
Besides, from my limited undrestanding of how IP laws work in the Western world, it's up to the IP owner to sue. It's not up to the government to procecute?
I am not saying China is a saint, especially the Chinese government of all things... They definately have plenty of short comings. Tho a lot of the comments against them seems to be rather unfair, unfounded or at least lacks seriously in evidence. While people are crying foul at China for their alleged double standards, maybe they should really check and see if they also have some double standards imposed against them?
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I am sure addicts definately wanted nothing but Opium... I don't think China as a country, the Chinese society and definately the Chinese authorities welcomed Opium... that is until the West imposed war, unequal treaties and bribaries to change how the game was played...
I don't see what's really wrong with limiting trade to a few ports. There was no WTO or Free Trade Agreement back then. Importing Opium, possession and selling was definately against the law back then in China. The Britains kept sending it into China anyways. When China seizes and burns their illegal drug stockpiles DEA styles, the British used the military instead... When that's not enough to crush China, they ally with other European countries... Talk about bullying on an international scale..
http://en.wikipedia.org/wiki/Opium_war
I'll take Japanese made Apple products over Chinese made ones any day too... that is if the price is the same... That said, this have absolutely nothing to do with Apple's alleged infringement on Proview's legally obtained Chinese trademark that they have filed back in the year 2000.
http://www.reuters.com/article/2011/08/11/us-apple-china-fake-idUSTRE77A3U820110811
Quoting link above:
"Chinese law protects trademarks and prohibits companies from copying the "look and feel" of other companies' stores.
But enforcement is spotty, and the United States and other Western countries have often complained China is woefully behind in its effort to stamp out intellectual property (IP) theft."
As you may already know, every province handles businesses their own way, and some local government may enforce laws more than others.
I know China is working on changing that negative image, and is doing a great job at it in general, still with some spotty issues.
Still, a lot of counterfeit items are made in China, and the authorities don't do enough to stop it.
http://www.reuters.com/article/2011/08/11/us-china-iphone-idUSTRE7791UM20110811
Not trying to give them any excuses... But it is really 1.3 Billion people afterall. Same can be said for authorities in North America that they don't do 'enough', especially for how much they are paid, in cracking down a lot of nasty stuff. As a tax payer, it's never enough~.
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It's a knock-off, and marketed as such. Not going to see them exporting it to Best Buy at least.
Same can't be said for the likes of Android and Samsung... And fighting it at the court to the bitter end.
Am I crazy or did I see articles on this very site last year saying that Apple bought the GLOBAL rights from said company.
And it seems after they found out that this IP Application Development or whatever it was called was a front for Apple they suddenly said "that doesn't mean China"
If the agreement says they have world rights and it wasn't the companies to give then that's an issue between the two companies in China not for Apple as they would have signed in good faith. And that is probably the next argument that Apple will toss out into the playing field. At the very least it might end up negating any payments for previous 'infringement' and Apple will just change the name in China like they did for Airport in Japan
Actually, you are trying to give them excuses. They have a lot of people. They also have a lot of police, money, resources, and press exposure, so it's not hard for them to not rip off others. There's a reason every fake POS item is called a "cheap Chinese knock-off" no matter where it's from.
It's a simple settlement case. Throw a couple billion around and call it a day. Hoila! iPad in China is Apple's.
I'm usually down on China, but probably for the first time, they seem to have a legitimate case. Next step will be getting people to stop selling ìPæd on the Chinese grey market. Yeah right THAT'S gonna happen anytime soon.
I'm usually down on China, but probably for the first time, they seem to have a legitimate case. Next step will be getting people to stop selling ìPæd on the Chinese grey market. Yeah right THAT'S gonna happen anytime soon.
Can't Apple innovate themselves away from the whole "i" thing. It's getting a little old hat now.
I coined the name iPAD a decade ago -- initial of 'Internet Personal Access Device'. The concept of the device is to do away with Windows, Office, Intel CPU, HDD, FDD, ...... It is solely used to access internet by individual who want to read news, get information, read and writte emails, communicate with friends, play games, access to coursewares, ......
Make no sense... Like your US government is able to control illegal drug, illegal immigration, .... I can't think of anything that any governments able to control.
Apple may end up doing just that although they shouldn't have to. It's not their fault that the parent company agreed to sell Global rights and apparently didn't detail that that doesn't mean China because they don't have the rights to that area. Then again they are the parent company to the other group supposedly so one would think if they make a deal the deal is made. As a parent company they should have the right to really sell Global and have it mean Global.
Or Apple could just say 'whatever' and change the name in China just like they did when they couldn't say Airport in Japan
Since China doesn't care much about IP rights, they could call it "Samsung Galaxy Tab" (preferably misspelled) for the iPad 1 and "Apple ][" for the iPad 2, and "Apple Love" for the iPad 3. Have some phun with it Apple. Create some buzz. China can use some buzz.
Rocketman
Rocketman
I would tell China to buy Samsungs, and that the iPad is not going to ever be available in China again. Let them enjoy life without Apple products.
They never made computers with the iPad name. They make a very poor quality monitor, and never named one of these an iPad either. It's not been used on an actual product.
When Apple purchased the global rights to the name, the Chinese facility was part of a larger company operated out of Taiwan. They held Trademark rights in several countries. They have since split and the Chinese company claims they maintained the trademark in China.
The company itself is on the verge of bankruptcy.
It will be interesting to see Apple's next steps here, but I doubt the ruling will stand.
How about this interesting link nobody has been aware of since yesterday.
http://www.engadget.com/2012/03/17/itc-rules-against-apple/
Very interesting.
Actually, Proview is near Bankrupt, makes nothing, sells nothing, this suit is to draw down Apples coffers, with a frivioless lawsuit, who's only choice of winning, is in the crooked, slanted Chinese courts, in favor of in Country businesses.
If I was Apple, I'd shift product manufacture to Taiwan, Korea, and stick it to the Chinese. they have the $$ power
Actually, Proview is near Bankrupt, makes nothing, sells nothing, this suit is to draw down Apples coffers, with a frivioless lawsuit, who's only choice of winning, is in the crooked, slanted Chinese courts, in favor of in Country businesses.
If I was Apple, I'd shift product manufacture to Taiwan, Korea, and stick it to the Chinese. they have the $$ power
How is it a frivolous lawsuit? Just because Proview is a little guy, they should give up their rights to what they legally own in China because Apple is bigger than they are?
Proview owns the iPad name in China. Apple did not do its homework when it (thought it) secured rights to the name and it came back to bite them.
Apple could have settled for a lot less a month ago and it's going to cost them a lot more now. It's nice to know that the corporate bully doesn't always win.
Time for Apple to end its obsession with all these made up iWords for it products anyway. I'm tired of every product coming out of Apple as "iWhatever". Shows no originality.
Well, there is one "Proview" company that sold the trademarks to Apple, and another "Proview" company that claims they own the trademarks, that they knew nothing about the sale, and they didn't agree to anything. Both companies have the same CEO.
So Proview shouldn't "give up their rights" because they "are the little guy", but Proview should stop lying and deliver what they agreed to and what they have been paid for.