I take it you haven't been following the story?
Proview made and sold a device that looked very much like the original iMac. It was called the iPad (Internet Personal Access Device).
Long after Proview stopped selling their iPad an Apple shell company purchased the worldwide rights to the iPad trademark from Proview.
When Proview found out that Apple was the buyer and saw the sales of Apple's iPad skyrocket they said they didn't sell the rights to the iPad in China.
Proview files a lawsuit for $2 billion.
No matter how you slice it, Proview's actions were pretty shady. On the other hand Apple was a bit sloppy in crossing the i's and dotting the t's since this wasn't simply thrown out of court.
In any case it is a good lesson for any business that operates internationally.
I had been following this and your assessment seems to be at odds with the facts.
Proview China allege that the rights sold by Proview Taiwan, a subsidiary, were not theirs to sell.
Yes Hong Kong made a ruling in favor of Apple.
My guess is Apple, weighing the facts decided to settle because it was the best business decision.
There could be two reasons for that;
- they knew that their case was arguable and they could have well been on the receiving end of a much bigger costs award.
- they decided they were legally right but the blocking of sales while Android, Samsung and others gained traction in the Chinese market was not a good idea,
Or a combination of these.
In reality this case was never tested in court and we'll never know what the outcome would have been. To guess otherwise is just that... a guess.
The facts are the deal is done. End of story.
I personally think it is better for Apple to have settled this. Regardless of the outcome and the behind the scenes detail, good on Proview for fighting this and winning.
I don't believe Apple can sue Proview Taiwan because the facts were never tested in court and a decision given. What an interesting case and interesting lesson it'll make in business schools.