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Proview Seeking to Cut Off Apple's Worldwide Supply of iPads

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Apr 12, 2001
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Earlier this week, we noted that Chinese authorities had begun seizing iPad stocks from a small number of retailers over Apple's alleged infringement of a disputed "iPad" trademark. Apple claims that it purchased the Chinese rights to the trademark several years ago, but the original owner Proview and Chinese courts have disagreed with that assertion.


Bloomberg now notes that Proview is seeking to go beyond local enforcement and is asking Chinese customs officials to block both imports and exports of the iPad over the issue. With iPad production taking place in China, a successful bid by Proview could cut off Apple's supplies of the device throughout the world.
"We are applying to customs to stop any trademark- infringing products from imports to China and also for exports," said [Proview lawyer Roger] Xie, who is based in Shenzhen. "Apple wants to postpone and continue infringement of the iPad in China."
Calling a potential export ban "catastrophic" for Apple, one Chinese legal expert notes that pressure on Apple to settle the case has dramatically increased.
A halt to exports from China would be "catastrophic" for Apple because it would mean a global halt to iPad sales, said Stan Abrams, an intellectual property lawyer and a law professor at the Central University of Finance and Economics in Beijing. The threat of an export ban increases the pressure on Apple to settle the case, he said.

"There's got to be a settlement, and fairly soon," Abrams said. "I can't see how much more incentivized to settle Apple could be."
Apple continues to maintain that it acquired "worldwide" rights to the iPad in ten countries, including China, as part of an earlier deal. Apple's case is still pending with Chinese courts as it seeks to appeal earlier rulings.

Article Link: Proview Seeking to Cut Off Apple's Worldwide Supply of iPads
 

Gav2k

macrumors G3
Jul 24, 2009
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China cutting of its own balls? I don't think so!
 
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Bchagey

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Feb 10, 2011
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Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 5_0_1 like Mac OS X; en_US) AppleWebKit (KHTML, like Gecko) Mobile [FBAN/FBForIPhone;FBAV/4.1;FBBV/4100.0;FBDV/iPhone3,3;FBMD/iPhone;FBSN/iPhone OS;FBSV/5.0.1;FBSS/2; FBCR/Verizon;FBID/phone;FBLC/en_US;FBSF/2.0])

Proview? More like shut up view..get lost. Can't wait for the iPad 3!
 
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wolfshades

macrumors 6502
Nov 1, 2007
450
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Toronto, Ontario Canada
This is almost a no-brainer. Apple has a lot of money invested in China, and is strengthening their economy. Unless they have a masochistic wish to shoot themselves in the foot, they'll shoo Proview away like a buzzing gnat.
 
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aarond12

macrumors 65816
May 20, 2002
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Dallas, TX USA
I smell a smack-down coming, the scope of which will be beyond Proview's wildest dreams. They're screwing with the currently most-valuable company in the world. :D
 
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theheadguy

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Articles on MR are rarely funny, but this one is worth a good laugh. Proview- you're a joke.
 
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Thunderhawks

Suspended
Feb 17, 2009
4,057
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Funny that nobody knew this "name" worldwide before Apple started using it.

Nor, did these people try to introduce that type of a product.

Don't know enough about what they were selling under that name?
 
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KPOM

macrumors P6
Oct 23, 2010
16,018
4,787
This is a double-edged sword for China. If Apple is forced to halt iPad exports and/or pay an extortionate amount to Proview Shenzhen, it will deter other companies from locating plants there, and may prompt Apple and Foxconn to shift more production to Brazil when that plant is up and running. China is starting to get to the point where it is no longer the cheapest place to build things.

Proview is using a customs rule that is most commonly used to block exports of counterfeits. The FT has a good summary of what is going on.

http://www.ft.com/intl/cms/s/2/b21c9c64-570a-11e1-be25-00144feabdc0.html
 
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Mad-B-One

macrumors 6502a
Jun 24, 2011
789
4
San Antonio, Texas
Brazil?

Wasn't there a new facility being built in Brazil? Maybe Apple has to learn it the hard way - as many European and American companies before - that China is still a bribery dictatorship and you have to have a backup plan in order to be not the push-around. Outsourcing from China might be the way and Brazil might be the new answer?
 
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Joshwawilson

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Apr 18, 2011
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I'd like to see apple move out of china altogether and come back to the US. I know it's not going to happen, but they are helping create a world super power over there.

(Don't hate if Im totally wrong about that :p )
 
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Mr.Scarface

macrumors regular
Jan 2, 2009
142
143
"New from Apple, the MacPad." "In other news, Apple has announced it will move production of ALL Apple productions to Vietnam and Mexico...all with Brazil."
 
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xxplosive1984

macrumors regular
Jun 7, 2009
104
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Dallas, TX
I find it comical how companies consistently try to dethrone Apple every chance they get. It almost seems like it's some of these companies' mission statement the way infringement suits are flying around these days.
 
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KPOM

macrumors P6
Oct 23, 2010
16,018
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LOL. Ok, we all the know the Chinese corps are a bunch of Pirates, but I'm willing to bet that Apple has the right Chinese officials in their top pocket. Good luck with the extortion. Apple doesn't give in to anyone. :rolleyes::apple:

American companies are hampered by the Foreign Corrupt Practices Act. There are certain "facilitation payments" allowed, but trying to fight outright bribery with outright bribery is illegal under US law.
 
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wolfshades

macrumors 6502
Nov 1, 2007
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Wasn't there a new facility being built in Brazil? Maybe Apple has to learn it the hard way - as many European and American companies before - that China is still a bribery dictatorship and you have to have a backup plan in order to be not the push-around. Outsourcing from China might be the way and Brazil might be the new answer?

There is zero question in my mind that Apple has already foreseen something like this and does indeed have a backup plan. This would be the perfect test scenario for them. The line is now drawn in the sand.

Your turn, China.
 
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furi0usbee

macrumors 68000
Jul 11, 2008
1,781
1,264
Articles on MR are rarely funny, but this one is worth a good laugh. Proview- you're a joke.

Not too much of a joke.. they have cops pulling stock from stores. Unless they have a court behind them, that would be theft. So I'm assuming they have a court behind them, and if that's the case, with the iPad 3 coming out, just settle and then make 20x times that selling iPads.

If Apple own's the world-wide rights, then all this is hurting Apple, and if Apple can show in a court and prevail, Proview will probably go out of business and not be able to pay any judgement.
 
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KPOM

macrumors P6
Oct 23, 2010
16,018
4,787
"...in other news, Apple buys Proview, continues to ship iPads."

That would be rewarding bad behavior. Proview is a struggling company. Apple bought the rights to the iPad name worldwide from their Taiwanese affiliate, but somehow missed or were misled that the affiliate didn't actually own the rights to the name in China. Proview would like nothing more than a big payoff from Apple to go away.
 
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