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Chinese 'iPad' trademark owner looking to block sales of Apple's iPad globally

post #1 of 204
Thread Starter 
Proview, the company that claims ownership of the "iPad" name in China, has asked the Chinese government to block exportation of Apple's iPad, which would effectively bring global sales to a halt.

Proview International Holdings Ltd. lawyer Roger Xie told Bloomberg on Tuesday that his company has been unable to reach an agreement with Apple over the iPad trademark. The company makes computer displays and is based out of Hong Kong.

It has now asked China's customs bureau to block both the importation and exportation of the iPad. For its part, Apple has argued that it bought the rights to Proview's iPad trademark in China, as well as nine other countries. A spokeswoman said Proview "refuses to honor" their existing agreement with Apple.

The filing comes soon after reports that Chinese authorities began seizing iPad 2 units in at least one city. The local Administration of Industry and Commerce in Shijiazhuang in the norther province of Hebei reportedly confiscated 45 iPad units from resellers over two days, due to claims of trademark infringement from Proview.

While just 45 iPads were seized in that incident, there have been no other reports of Apple's touchscreen tablet being removed from the market in China because of the Proview suit. But with the trademark holder's latest filing, the effect could be felt well beyond China.




If Proview wins and exportation of the iPad were to be blocked from China, it could result in a global stoppage of sales, as all iPad units are currently built in China. Apple's manufacturing partner Foxconn is looking to assemble iPads in Brazil, but as of late January production had not yet begun there.

Proview's filing comes only weeks before Apple is expected to unveil its third-generation iPad at an event rumored to take place on March 7. The so-called "iPad 3" is expected to feature a high-resolution Retina Display, and may even be the first 4G LTE high-speed wireless device sold by Apple.

[ View article on AppleInsider ]
post #2 of 204
Dear China,

We have 100 billion dollars. We'll just stop selling all of our products to you and move all our manufacturing to Taiwan. You know, the place you pretend doesn't exist.

Sincerely,

Apple.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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post #3 of 204
Dear Apple,

We will stop buying American debt and destroy your economy. Don't forget that we have you by the short curlies.

Sincerely.

China
post #4 of 204
Apparently Proview wants to leverage as much money as they can from Apple on this. This will be a good test to see what kind of gamesmanship Apple and their supporting staff in China are capable of in dealing with this company. Taking it to court is no sure thing, and while the Beijing AIC has been dragging their feet, the Chinese Trademark Office may take a dim view of any "laowei" heavy-handness in return.

I expect this will resolve it self in a month or so.
If you are going to insist on being an ass, at least demonstrate the intelligence to be a smart one
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post #5 of 204
Quote:
Originally Posted by AppleInsider View Post

For its part, Apple has argued that it bought the rights to Proview's iPad trademark in China, as well as nine other countries. A spokeswoman said Proview "refuses to honor" their existing agreement with Apple.

So Proview sells the rights to the name, probably thinks that it didn't negotiate for enough money the first time around and now they "refuse to honor" the agreement. China isn't becoming more capitalistic, they're becoming more like organized crime.
post #6 of 204
Dear China,

we'll just default on our debt and destroy your economy, MAD still exists, but it's economy-based now!
post #7 of 204
Proview might want to rein in their spokesperson. Because that kind of comment sounds like they did have an agreement with Apple and it could be exactly as Apple claims. But Proview is feeling a little hurt over the issue that they undersold the trademark rights since they didn't know it was going to Apple. So they are trying to bully their way into more money.

Which is just the way to get Apple to yank iPad production out of China regardless of what the government says. And then move everything else as well.

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

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post #8 of 204
Wow China really wants the world to hate it.
Apple had me at scrolling
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Apple had me at scrolling
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post #9 of 204
Quote:
Originally Posted by xSamplex View Post

Dear Apple,

We will stop buying American debt and destroy your economy. Don't forget that we have you by the short curlies.

Sincerely.

China

Don't forget that the US is also the market to which a large majority of Chinese manufactured products flow - so tanking the US economy would be tantamount to cutting off your nose to spite your face.

No, Proview has decided - "in for a penny, in for a pound" on leveraging a payout from Apple - and they may have the right approach to do it. Good thing Apple hasn't announced a dividend yet - they may need some of those bucks to get Proview off their back.
If you are going to insist on being an ass, at least demonstrate the intelligence to be a smart one
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If you are going to insist on being an ass, at least demonstrate the intelligence to be a smart one
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post #10 of 204
"Proview "refuses to honor" their existing agreement."

That's pretty telling, don't you think? I don't think the Chinese govt. or other Chinese companies would appreciate it very much if Apple decided to, or had to, move production of the iPad to another country.

Proview's little tiff isn't going to stop Apple from making iPads, especially when they bought the rights to the name. Of course, maybe Apple should consider buying/registering any product name in ALL countries from now on.
post #11 of 204
If this legal nicety regarding iPad trademark bought from Proview's rep whatever in Europe is

a. Allowed to stand is one thing, over time negotiate new sale of trademark
b. Allowed to extort the huge money being asked through export actions

then I would be surprised is Apple does not start moving its future production out of China so that no nation can hold Apple hostage this way.
post #12 of 204
Well, Apple isn't really a saint either...
post #13 of 204
Apple, change the name of iPad in China to WorldPad, Apple Pad, NotProviewPad (NPV) or whatever. A Rose by another name sells the same with enough advertising notice. Let Proview stew in their little house of naught. Then watch them tank. Set up a humongous Proview Tank thermometer-like neon indicator outside their headquarters with dancing girls and guys in gorilla suits.

Now that would be fun.

Or, stop selling iPads in China but sell them in Taiwan and from there they could be black-marketed into China. Proview is on the verge of bankruptcy, isn't it. Patience is a Chinese and Apple virtue.

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

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When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

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post #14 of 204
Quote:
Originally Posted by AppleInsider View Post



If Proview wins and exportation of the iPad were to be blocked from China, it could result in a global stoppage of sales, as all iPad units are currently built in China. .

[ View article on AppleInsider ]

I wonder if Proview can really persuade China to block exports of iPads and thereby throw out of work hundreds of thousands of Chinese workers who make iPads?
post #15 of 204
Quote:
Originally Posted by xSamplex View Post

Dear Apple,

We will stop buying American debt and destroy your economy. Don't forget that we have you by the short curlies.

Sincerely.

China



China doing this over one company's legal right. That's just too good.

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
Reply

Originally Posted by Marvin

The only thing more insecure than Android’s OS is its userbase.
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post #16 of 204
Just in case it wasn't noticed a few weeks ago, ProView already won an initial judgement in their favor regarding Apple and the iPad trademark. This is simply taking that judgement and now asking for an export ban.
melior diabolus quem scies
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melior diabolus quem scies
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post #17 of 204
Quote:
Originally Posted by iVlad View Post

Wow China really wants the world to hate it.

No as much as the world hates you yanks already though for putting your noses where they have no business.

USA and China have a love hate relationship; face it you are both fucked without each other.
post #18 of 204
Quote:
Originally Posted by Secular Investor View Post

I wonder if Proview can really persuade China to block exports of iPads and thereby throw out of work hundreds of thousands of Chinese workers who make iPads?

This is China we're talking about. This country is corrupted and Proview can buy some influential officials/judges/ministers as much as they like.
post #19 of 204
I seem to remember the majority of piracy of software coming from China, thought it was SOP.
post #20 of 204
Quote:
Originally Posted by matrix07 View Post

This is China we're talking about. This country is corrupted and Proview can buy some influential officials/judges/ministers as much as they like.

One hundred billion dollars in the bank is more than Proview's bank of dreams. Apple would be the one with the change to buy some influence.

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

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post #21 of 204
Quote:
Originally Posted by Market_Player View Post

No as much as the world hates you yanks . . . (and other rot)

Pretty nasty stuff, MP. I'm not a yank or Chinese but I can tell when someone needs a spanking, and his mouth washed out.

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply
post #22 of 204
Quote:
Originally Posted by mhikl View Post

One hundred billion dollars in the bank is more than Proview's bank of dreams. Apple would be the one with the change to by some influence.

Yes, but the question is Proview knows who to buy. Does Apple?
post #23 of 204
Change the name of iPad in China to
iPaid
post #24 of 204
Apple can crush Proview like a rotten grape. Then, if Apple wants to, they can shift most of their final assembly production out of China. That would be a major PR win for Apple anyway and kill 2 birds with one stone. Foxconn is setting up a new 12 billion dollar factory in Brazil as we speak. And there are other places Apple can locate assembly factories.
I wonder why the Chinese government would side with Proview on this? Corruption, perhaps? If the Chinese government sides with Proview, they will spark an anti-China campaign with Apple and the rest of the world like never before.
For many years, the chinese government has shown their arrogance and disdain for foreign trademarks and intellectual property. I sincerely hope that people get angry enough and stop buying all the Chinese-made crap at Wal-mart and stop buying Chinese knock-offs of trademarked products. They really need the west to buy their crap more that the west needs to buy their crap.
post #25 of 204
Quote:
Originally Posted by matrix07 View Post

Yes, but the question is Proview knows who to buy. Does Apple?

I think it would be like finding a hooker. You walk down what ever street sits China's "old Bailey" with a large bag labelled $$$ and they'd come flocking.

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply

When I find time to rewrite the laws of Physics, there'll Finally be some changes made round here!

I am not crazy! Three out of five court appointed psychiatrists said so.

Reply
post #26 of 204
A lot of smart remarks here.
Especially those explaining that Apple needs to threaten it's second largest market in some way, ... Pretty smart stuff!
post #27 of 204
Quote:
Originally Posted by Stan_Timek View Post

So Proview sells the rights to the name, probably thinks that it didn't negotiate for enough money the first time around and now they "refuse to honor" the agreement. China isn't becoming more capitalistic, they're becoming more like organized crime.

And the difference is....
post #28 of 204
Tempest in a teapot.

Once Apple figures out who they forgot to pay off, all will be fine.
post #29 of 204
China would be nuts to agree to that. An export ban on iPads would hurt Apple but it would terrify every company that uses China for manufacturing. If they ban exports of the iPad today tomorrow it could just as easily be phones from Samsung or TVs from Panasonic. Even just the suggestion of a ban is probably enough to have some companies getting updated estimates for manufacturing in other countries.

China might have a lot of weight to throw around at the moment but millions of their citizens depend on the cash brought in by contracts with foreign companies for their jobs, even the Chinese government couldnt just ignore the potential impact of those jobs being lost because they imposed an export ban.
post #30 of 204
Quote:
Originally Posted by Stan_Timek View Post

So Proview sells the rights to the name, probably thinks that it didn't negotiate for enough money the first time around and now they "refuse to honor" the agreement. China isn't becoming more capitalistic, they're becoming more like organized crime.

First, Capitalism as an ideology *is* basically organised crime. Operating in it's pure form (without regulation and controls), it's basically "strong-man rule," or a kind of Fascism.

Secondly, I'm not sure, but I think what happened is that Apple bought the rights to the trademark from a third party *before* it was worth anything. So technically, Apple is right (let's face it they are almost always right technically), but the way I heard it they paid almost nothing for what is probably one of the most valuable names on the planet right now.

This is likely all about negotiating tactics. The decision will come when the Chinese government decides who is right or wrong and pushes that party to settle. they are probably okay with the little guy wringing (or trying to) some more money out of Apple, but if Apple threatened to leave or do some other serious thing to the Chinese economy, all of a sudden this company will find itself pushed to settle.
post #31 of 204
I'm not even going to bother to even say anything about this. I don't have to speak for this. This story speaks for itself.






Quote:
Originally Posted by AppleInsider View Post

Proview, the company that claims ownership of the "iPad" name in China, has asked the Chinese government to block exportation of Apple's iPad, which would effectively bring global sales to a halt.


Proview International Holdings Ltd. lawyer Roger Xie told Bloomberg on Tuesday that his company has been unable to reach an agreement with Apple over the iPad trademark. The company makes computer displays and is based out of Hong Kong.

It has now asked China's customs bureau to block both the importation and exportation of the iPad. For its part, Apple has argued that it bought the rights to Proview's iPad trademark in China, as well as nine other countries. A spokeswoman said Proview "refuses to honor" their existing agreement with Apple.

The filing comes soon after reports that Chinese authorities began seizing iPad 2 units in at least one city. The local Administration of Industry and Commerce in Shijiazhuang in the norther province of Hebei reportedly confiscated 45 iPad units from resellers over two days, due to claims of trademark infringement from Proview.

While just 45 iPads were seized in that incident, there have been no other reports of Apple's touchscreen tablet being removed from the market in China because of the Proview suit. But with the trademark holder's latest filing, the effect could be felt well beyond China.




If Proview wins and exportation of the iPad were to be blocked from China, it could result in a global stoppage of sales, as all iPad units are currently built in China. Apple's manufacturing partner Foxconn is looking to assemble iPads in Brazil, but as of late January production had not yet begun there.

Proview's filing comes only weeks before Apple is expected to unveil its third-generation iPad at an event rumored to take place on March 7. The so-called "iPad 3" is expected to feature a high-resolution Retina Display, and may even be the first 4G LTE high-speed wireless device sold by Apple.

[ View article on AppleInsider ]
post #32 of 204
Quote:
Originally Posted by decsramble View Post

China would be nuts to agree to that. An export ban on iPads would hurt Apple but it would terrify every company that uses China for manufacturing. If they ban exports of the iPad today tomorrow it could just as easily be phones from Samsung or TVs from Panasonic. Even just the suggestion of a ban is probably enough to have some companies getting updated estimates for manufacturing in other countries.

China might have a lot of weight to throw around at the moment but millions of their citizens depend on the cash brought in by contracts with foreign companies for their jobs, even the Chinese government couldnt just ignore the potential impact of those jobs being lost because they imposed an export ban.

True. Notice iPad confiscation yesterday happened only in a small town, a town where Proview has some influence perhaps. China would love for Apple to pay Proview but how far are they willing to go?
post #33 of 204
Gotta love the disgusting Chinese government and their disrespect for every law ever created in history.
post #34 of 204
The problem with this scenario is that Proview (or the Chinese government) do not have the right to block Apple's manufacture and export of the product. If Apple has undisputed rights to the iPad name in the U.S., there is nothing remotely illegal about them manufacturing iPads for export to the U.S. - even if they DON'T have the right to use the name in China.

But I really love the Proview spokesman's statement that Proview is refusing to honor their agreement.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #35 of 204

So many ways to go with this...

MyPad... AiPad... HaiPad... AyePad... OyePad...

Smoke 'em if you got 'em...

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"Swift generally gets you to the right way much quicker." - auxio -

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post #36 of 204
Quote:
Originally Posted by xSamplex View Post

Dear Apple,

We will stop buying American debt and destroy your economy. Don't forget that we have you by the short curlies.

Sincerely.

China

Wrong. China stops buying American debt, then either China must buy some other American asset or product OR see their currency appreciate significantly against the dollar, destroying their export industry.

Also, when you owe the band $1,000 it's your problem. When you owe the bank $1 trillion, it's the bank's problem.
post #37 of 204
Quote:
Originally Posted by Tallest Skil View Post

Dear China,

We have 100 billion dollars. We'll just stop selling all of our products to you and move all our manufacturing to Taiwan. You know, the place you pretend doesn't exist.

Sincerely,

Apple.

You certainly know how to set the tone for discussion! \

Apple apparently thought the name was secured under the agreement that it came to with the Proview subsidiary. It would be simply amazing if due diligence did not reveal the veracity of this thinking. Something doesn't add up.
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Where are we on the curve? We'll know once it goes asymptotic!
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post #38 of 204
Quote:
Originally Posted by mhikl View Post

I think it would be like finding a hooker. You walk down what ever street sits China's "old Bailey" with a large bag labelled $$$ and they'd come flocking.

I find this to be basically a racist remark that goes much too far.

Everyone knows China is a corrupt country, but it's only a tad more so than the USA. Judging by your "Old Bailey" remark I'd say you were actually from England which is hardly a place from which one should be talking about the corruption of other countries either.
post #39 of 204
So... maybe China's not such a cost-effective place to do business after all.
post #40 of 204
The country that have tons of clone/knock off/KIRF products CARES about trademarks? gimme a break!

There must be a big company pushing PROVISION actions, probably google.
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