Apple threatens Proview with defamation countersuit

Posted:
in iPad edited January 2014


Following a Monday announcement that Proview had won a small legal victory against Apple on Friday, the iPad maker is threatening to sue the bankrupt Chinese company over purportedly false and misleading statements released to the press.



In a letter to Proview founder Yang Rongshan obtained by All Things D on Monday, Apple alleges that the company has been misrepresenting certain facts to press outlets in order to inflame the already complicated "iPad" trademark dispute and is warning legal action over damages resulting from the defamatory statements.



The lengthy document, written in both Mandarin and English, gives the broad strokes of the case thus far, with Apple alleging that Proview not only refuses to honor its trademark agreement, but breaches the "principles of good faith and dealing" by making false or misleading public statements.



Bullet points from the letter regarding false statements:

Quote:

that Apple's affiliate "mistakenly" transacted with Proview Electronics Co., Ltd. ("Proview Taiwan", Proview's another subsidiary) who did not own the trademarks for IPAD in mainland China;

that "Proview Shenzhen had no knowledge of the trademark transfer";

that Apple's affiliates dealt only with representatieves of Proview Taiwan who "had nothing to do with Proview Shenzhen"; and

that the IPAD trademarks in mainland China "were not included in the package of trademarks under consideration" in the sale.



Apple maintains its stance of having legally purchased the rights to the "iPad" name under the direction of Yang in 2009 from Proview Taiwan, an affiliate of Shenzhen-based Proview Technology which itself is a subsidiary of Hong Kong-based umbrella company Proview International Holdings.



Recently, Proview has been claiming ownership rights of the "iPad" moniker in China, and Apple notes that because no final court judgment has named a true owner, any presumptive statements "have the effect of wrongly causing damage to Apple's reputation."



The letter goes on to note the specifics of the agreement and subsequent transaction from Proview Shenzhen, including email correspondence and legal documentation.



The full letter from All Things D:





Apple_proview





var docstoc_docid="113878230";var docstoc_title="Apple_proview";var docstoc_urltitle="Apple_proview";







Earlier on Monday, Proview's lawyer Xie Xianghui announced that the company had won a Lower People's Court decision in Huizhou banning the sale of Apple's tablet, though it turns out that the scope of the ruling is quite narrow as it only applies to one store in the region.



[ View article on AppleInsider ]

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Comments

  • pendergastpendergast Posts: 1,358member
    Isn't Proview nearing bankruptcy? Does China have similar bankruptcy protection laws?



    This smacks of a company with nothing to lose making a desperate ploy.



    Or the banks on the hook for Proview's loans are pulling the strings.
  • rabbit_coachrabbit_coach Posts: 1,114member
    Quote:
    Originally Posted by Pendergast View Post


    Isn't Proview nearing bankruptcy? Does China have similar bankruptcy protection laws?



    This smacks of a company with nothing to lose making a desperate ploy.



    Or the banks on the hook for Proview's loans are pulling the strings.



    What ever ist is, these guys should get some time to think in a local prison. Maybe with these corrupt judges as room mates.
  • sipadansipadan Posts: 107member
    Don't threaten!! Sue right away!!
  • kibitzerkibitzer Posts: 1,106member
    Hmm ... Proview sounds like the kid poking the Apple Lion (pun intended) with a stick through the bars of the lion's cage. The lion sounds pissed. If a higher court unlocks the cage door, the result ain't gonna be pretty.
  • pendergastpendergast Posts: 1,358member
    Quote:
    Originally Posted by Rabbit_Coach View Post


    What ever ist is, these guys should get some time to think in a local prison. Maybe with these corrupt judges as room mates.



    I agree, I'm merely pointing out that they may be protected from civil proceedings, like damages. Criminal charges for fraud? Not so much. Assuming a proper legal system.
  • SpamSandwichSpamSandwich Posts: 24,469member
    Quote:
    Originally Posted by Sipadan View Post


    Don't threaten!! Sue right away!!



    Hmm... It's a tossup. I think they need to enjoin the services (aka "grease the wheels") of some highly placed Party members who like Apple.
  • amazingappleamazingapple Posts: 52member
    I'd love to watch Proview squirm with the news they may be facing a lawsuit. Can't wait for this to be all settled with Proview defunct and iPads selling everywhere in China like gangbusters!!
  • jd_in_sbjd_in_sb Posts: 1,268member
    Proview is toast and has no chance in hell of gaining legal ownership of the iPad trademark.
  • 1st1st Posts: 157member
    be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).

    Good luck iPad.
  • iyfcalviniyfcalvin Posts: 60member
    This potential lawsuit should shut the trash talking from ProView, down for a while.
  • island hermitisland hermit Posts: 6,217member
    Quote:
    Originally Posted by 1st View Post


    be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).

    Good luck iPad.



    So true. So many things to weigh. Mainland vs. Taiwan, Foreign Employer vs. National Business.



    A lot of pride on the line in a one sided country.
  • ronboronbo Posts: 669member
    Quote:
    Originally Posted by island hermit View Post


    So true. So many things to weigh. Mainland vs. Taiwan, Foreign Employer vs. National Business.



    A lot of pride on the line in a one sided country.



    Time for that "one sided country" to decide if it believes in rule of law.
  • hill60hill60 Posts: 6,960member
    Quote:
    Originally Posted by 1st View Post


    be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).

    Good luck iPad.



    ...and Hong Kong is part of which country?
  • solipsismxsolipsismx Posts: 19,566member
    There aren't too many trolls on this thread. I guess even they sense Apple is in the right here.
  • island hermitisland hermit Posts: 6,217member
    Quote:
    Originally Posted by Ronbo View Post


    Time for that "one sided country" to decide if it believes in rule of law.



    Well, I doubt if we even know 100%, or anything close to it, if Proview is in the right or in the wrong in this case.
  • elrothelroth Posts: 1,201member
    Quote:
    Originally Posted by 1st View Post


    be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).

    Good luck iPad.



    There may be some repercussions if American and European businesses see Apple get screwed in the courts because of "homerism". It may not bode well for China's future as a business hub, although with 1.5 billion people they may be able to get by.
  • tallest skiltallest skil Posts: 40,283member
    Quote:
    Originally Posted by SolipsismX View Post


    There aren't too many trolls on this thread. I guess even they sense Apple is in the right here.



    All things in time, my friend. All things in time.
  • stelligentstelligent Posts: 2,680member
    Quote:
    Originally Posted by island hermit View Post


    Well, I doubt if we even know 100%, or anything close to it, if Proview is in the right or in the wrong in this case.



    Now that's one of the best perspectives ever posted here.
  • suddenly newtonsuddenly newton Posts: 13,080member
    Quote:
    Originally Posted by SolipsismX View Post


    There aren't too many trolls on this thread. I guess even they sense Apple is in the right here.



    Shall I ring the dinner bell and summon tekstud here?
  • winstein2010winstein2010 Posts: 401member
    What I see is Proview owner convinced enough local people in the right places to help him extort money from Apple: 1 billion to pay back the loans and 1 billion for friends.
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