Proview ready to negotiate on eve of Shanghai court hearing

Posted:
in iPad edited January 2014


One day before deliberations are scheduled to begin over contested 'iPad' trademark rights in Shanghai, Chinese company Proview has said that it is preparing for out of court talks with Apple which could result in a settlement and bring an end to the prolonged dispute.



In an announcement on Tuesday, Proview's lawyer Xie Xianghui claimed that his legal team was prepping for talks with the tech giant, though declined to give details only saying that Apple had told the company it had "peaceful intentions," reports The Times of India.



"We are now preparing for negotiations," Xie said, adding that the court cases will continue until an agreement is reached.



The news comes on the heels of a minor win for the Shenzhen electronics company, as the Intermediate People's Court of Huizhou handed down a ruling on Monday that effectively banned local electronics store Sundan from selling the iPad 2.



Apple reportedly purchased the rights to the "iPad" name in 2006 from a Taiwan affiliate of Proview Shenzhen, though the Chinese company claims that the transaction was void and sued the iPhone maker in 2011. Proview subsequently asked the Chinese government to ban the import and export of the device earlier this month, though officials said that such a task would be difficult to enforce given the tablet's popularity in the region.



In addition to the pressure Proview is attempting to exert on government agencies, Apple is appealing a lower court ruling in Guangdong province that denied the company rights to the trademark.



Most recently, the world's largest tech company threatened to level a defamation suit against the cash-poor Proview over remarks relating to the ongoing court battle.



Apple has yet to give any official statement regarding the upcoming talks or a possible out of court settlement.





Chinese iPad 2 advertisement. | Source: Apple







Upcoming Shanghai hearing



A Shanghai court is scheduled to deliberate on the validity of Proview's claims on Wednesday, and the outcome would be a major win for either company as it would force Apple to halt sales of it's popular tablet in one of the richest cities in China.



According to Reuters, Xie is hoping for an injunction against the iPad, meaning that Apple would have to stop selling the tablet in one of its biggest Chinese markets. The Cupertino, Calif., company has five flagship stores in the country, three in Shanghai and two in Beijing.



"This is a court in Shanghai which means that it has jurisdiction, and its order should be observed in Shanghai, which is one of the biggest cities and biggest markets for Apple iPads in China," said head of Mayer Brown's Hong Kong intellectual property practice, Kenny Wong.



A judgment would likely take months, however, and Apple always has the option to appeal in the case of a loss.



Proview, on the other hand, is in dire need of financial relief as the Hong Kong Stock Exchange has suspended trading of the company's stock after years of poor earnings. If no viable solution to its cash flow is found, Proview International Holdings, Ltd. will be delisted from the exchange in June.



[ View article on AppleInsider ]

«134

Comments

  • jragostajragosta Posts: 10,473member
    Translation:

    "We know we're going to get our butts kicked and probably face contempt of court charges in Hong Kong, so let's see if Apple will throw us a bone to allow us to save face".
  • j1h15233j1h15233 Posts: 274member
    If I were Apple, there's no way I'd go for a settlement here. The company is already bankrupt, how much longer could they possibly pay court fees? It's starting to look like this whole thing was a sham to possibly get some settlement money from Apple just to make the problem go away.
  • ajitmdajitmd Posts: 365member
    "Every war is won or lost even before it is fought" - Sun Tsu.



    The court has probably made the decision and Proview want to settle to get something out of all this. If Apple has a strong case, they should do the "lobbying" in China and then play hardball. Go after the owner of possible. Got to set an example.
  • allieoopallieoop Posts: 2member
    Oh Lordy! Just change the name over there! Macpad, Macbook Slim. Who cares, just do something, anything but settle.
  • gatorguygatorguy Posts: 15,263member
    Prediction:

    This will be settled within the next 72 hours, and Proview won't go away empty handed. IMO this isn't so much of a big deal that Apple will dig their heels in and refuse to negotiate.
  • chaickachaicka Posts: 49member
    Name it "cPad" - Chinese/China Pad... or just let Shanghai and whatever city ban the sales of iPad. Just redirect all stocks to Hong Kong and stock up all the resellers in Hong Kong. The iPads will still end up in the hands of consumers in China, although a more difficult route. After all, it has been that way for every single Apple product that's launched elsewhere first before it gets launch in China.



    Hahaha... Let the consumers there flame up and detest Proview... It will be a good show to stand by and watch how furious consumers in China can do...
  • hzchzc Posts: 60member
    Soon as Apple realized that the name iPad was being used in China, it should have known to pick another name instead of an uphill battle.



    Doesn't Apple have documents regarding the purchase of the iPad name that the Chinese courts can look at and give a definitive answer as to whether Apple does indeed own the rights to the name 'iPad' in China or not? China states that Taiwan belongs to China so politics aside, either Proview Taiwan had the right to sell the name in the mainland or not. Yeah, it's never that easy, right?



    The sad part is that even if Apple does own full rights to "iPad" on the mainland, they would probably settle out of court in order to avoid lengthy litigation and lost interim sales. So I bet Proview will come out of this laughing all the way to The People's Bank of China.
  • winstein2010winstein2010 Posts: 401member
    This was Proview's intention all along. Raise enough questions, get enough insiders to help, make it "China vs Apple" so it can get as much money from Apple as possible.
  • darenwdarenw Posts: 14member
    Tim Cook will measure his response based on the cost to Apple in money and time wasted and do what is prudent and wise.



    Steve Jobs would fly his jet over there and take a perfectly-designed chain saw to their CEO.
  • digitalclipsdigitalclips Posts: 15,711member
    Quote:
    Originally Posted by jragosta View Post


    Translation:

    "We know we're going to get our butts kicked and probably face contempt of court charges in Hong Kong, so let's see if Apple will throw us a bone to allow us to save face".



    The penalty for being found guilty of a major fraud, if this were to be the outcome, can be pretty serious in China. This is one game of poker this Proview guy doesn't want to lose, folding might be the safest move for him.
  • cyberzombiecyberzombie Posts: 178member
    Quote:
    Originally Posted by winstein2010 View Post


    This was Proview's intention all along. Raise enough questions, get enough insiders to help, make it "China vs Apple" so it can get as much money from Apple as possible.



    I don't have a clue about how that opinion is faring in China, but it's definitely failed in the US.
  • fairthropefairthrope Posts: 249member
    Quote:
    Originally Posted by Cyberzombie View Post


    I don't have a clue about how that opinion is faring in China, but it's definitely failed in the US.



    Let's just say they play underdog role better than Apple Insider gave them credit for, and Chinese netizens actually buy Proview's story.
  • secular investorsecular investor Posts: 205member
    Quote:
    Originally Posted by j1h15233 View Post


    If I were Apple, there's no way I'd go for a settlement here. The company is already bankrupt, how much longer could they possibly pay court fees? It's starting to look like this whole thing was a sham to possibly get some settlement money from Apple just to make the problem go away.



    The Proview holding company has already filed for bankruptcy (according to Forbes) and Yang, the Chairman, CEO and moving hand behind this scam was declared bankrupt last year (according to the HK judgment)





    Proview and Yang are running on air and clutching at straws, saying they are ready to talk.
  • digitalclipsdigitalclips Posts: 15,711member
    Quote:
    Originally Posted by Secular Investor View Post


    The Proview holding company has already filed for bankruptcy (according to Forbes) and Yang, the Chairman, CEO and moving hand behind this scam was declared bankrupt last year (according to the HK judgment)





    Proview and Yang are running on air and clutching at straws, saying they are ready to talk.



    His entire strategy could possibly be fraudulent it seems. If so he could be in hot water before this is all over.
  • irelandireland Posts: 16,073member
    Quote:
    Originally Posted by jragosta View Post


    Translation:

    "We know we're going to get our butts kicked and probably face contempt of court charges in Hong Kong, so let's see if Apple will throw us a bone to allow us to save face".



    And for Apple throwing them a bone makes sense. Rather than wasting time even thinking about this shit. I'm serious.
  • anoldaplguyanoldaplguy Posts: 28member
    Take the Steve Jobs approach, go over there and scare the living crap out of Proview, if it costs 100ML to defeat this, it will not just shut this one down, it will prevent the next one.



    A settlement will enable other Trolls to do the same..... This has to go down with the complete and total destruction of Proview!
  • massconn72massconn72 Posts: 150member
    Just give them one dollar and tell them to take or be crushed.
  • jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by hzc View Post


    Soon as Apple realized that the name iPad was being used in China, it should have known to pick another name instead of an uphill battle.



    Doesn't Apple have documents regarding the purchase of the iPad name that the Chinese courts can look at and give a definitive answer as to whether Apple does indeed own the rights to the name 'iPad' in China or not? China states that Taiwan belongs to China so politics aside, either Proview Taiwan had the right to sell the name in the mainland or not. Yeah, it's never that easy, right?



    The sad part is that even if Apple does own full rights to "iPad" on the mainland, they would probably settle out of court in order to avoid lengthy litigation and lost interim sales. So I bet Proview will come out of this laughing all the way to The People's Bank of China.



    Re: the bolded.



    You're assuming that everything Proview says is true. Apple says that they bought the name - so there should not have been an uphill battle. And, so far, all the documents support Apple.
  • Quote:
    Originally Posted by Gatorguy View Post


    Prediction:

    This will be settled within the next 72 hours, and Proview won't go away empty handed. IMO this isn't so much of a big deal that Apple will dig their heels in and refuse to negotiate.





    That's been my prediction for a while now.





    The terms will be secret. Proview will make a bit of money, and it will not cost Apple any huge amount (compared to Apple's China profits).



    One thing to keep in mind: Apple is not necessarily dealing with Proview anymore. IIRC, Proview is in bankruptcy, and is therefore controlled by its creditors. IIRC, Apple will be dealing with big banks.
  • fairthropefairthrope Posts: 249member
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    That's been my prediction for a while now.





    The terms will be secret. Proview will make a bit of money, and it will not cost Apple any huge amount (compared to Apple's China profits).



    One thing to keep in mind: Apple is not necessarily dealing with Proview anymore. IIRC, Proview is in bankruptcy, and is therefore controlled by its creditors. IIRC, Apple will be dealing with big banks.



    And if banks that Proview owed money to want some more, and they have friends in higher places than Apple?



    It's what I feared back in Nov 2011. I got an impression during the days of Samsung litigations that, one day, Apple legal team will run into someone bigger or better than them.



    That day might be approaching; the day Apple run into someone they cannot win in the court of law using reasons.
Sign In or Register to comment.