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Proview sues Apple over 'iPad' moniker in U.S. - Page 2

post #41 of 49
This is rather hilarious, talk about crying because you didn't get the opportunity to milk the Apple cash cow. Its for this reason that large companies use smaller firms to act as a proxy in purchases such as these.
post #42 of 49
Quote:
Originally Posted by Manictosh View Post

That is my understanding of this case as well. I still believe Proview has no case here in the U.S. regardless of whether Apple created IP Application Development. However, I do find it interesting that the initials for IP Application Development are IPAD. Either Apple owns IP Application Development or it is simply coincidental that Apple chose a company to procure the iPad name that bears the initials IPAD.

Obviously, that was a planned name. They wanted to give Proview a reason to think that the company wanted the name while allowing for other options (IPappdev) to make Proview think that they didn't have much leverage. It was obviously not a coincidence that Apple created a company with the initials 'iPad'.

Quote:
Originally Posted by hungover View Post

I suspect that there is much that has not yet been disclosed by both parties. By way of illustration- does any one know why apple didn't sue Proview for continuing to sell their iPad in China if Apple believed that they owned the rights to the name?

Because Proview hasn't sold the product since Apple bought the name. That is one of Apple's arguments - that the trademark had been constructively abandoned since Proview had not used it for years.
"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 #43 of 49
Quote:
Originally Posted by hungover View Post

I suspect that there is much that has not yet been disclosed by both parties. By way of illustration- does any one know why apple didn't sue Proview for continuing to sell their iPad in China if Apple believed that they owned the rights to the name?

The I-PAD that you speak of was produced in the late 90's and is no longer produced or sold. Proview has not manufactured anything in a very long time.
post #44 of 49
Quote:
Originally Posted by Michael Scrip View Post

It's not fraud.

ProView is just pissed off at their missed opportunity.

This is exactly what this is all about, they realize they could have made more money if they knew it was apple looking to buy the name. They obviously did not do a due diligence of the company who did in fact buy the name and then turned around and sold it to Apple. If they did do a due diligence they would have realize they were selling to a shell company and figure someone bigger was probably behind and actual purchase.

They are just now trying to extract the money which they thought they could have made if they had know up front it was actually Apple.


It probable went something like this, Proview management sell the iPad name and bragged they made money on a worthless name. Then the iPad comes out and Proview friends probably called them up and said, how much did you make on the name, are you a bunch of idiots. They now look like a bunch of baffoons and they are embarrass and they found some stupid lawyer who said they could sue and make money.
post #45 of 49
Quote:
Originally Posted by jragosta View Post

Obviously, that was a planned name. They wanted to give Proview a reason to think that the company wanted the name while allowing for other options (IPappdev) to make Proview think that they didn't have much leverage. It was obviously not a coincidence that Apple created a company with the initials 'iPad'.



Because Proview hasn't sold the product since Apple bought the name. That is one of Apple's arguments - that the trademark had been constructively abandoned since Proview had not used it for years.

Thanks for the reply.

According to the WSJ

http://blogs.wsj.com/chinarealtime/2...ad-looks-like/

They were still selling the units 3 years ago, ie 2009, the year that Apple claim to have purchased the rights. I can't see how apple can argue that Proview had not used the name for years.

Couple the above with the suggestions that apple paid Fujitsu $4m for the iPad name rights in the USA and we find ourselves having to ask why Apple's legal team are not consulted about products names, iPhone (Cisco) and iTV (UK terrestrial broadcaster) spring to mind. Apple could save bucket loads of money by dropping the "i" prefix.
post #46 of 49
Quote:
Originally Posted by spiced View Post

Hey dumb dumb, why sue Apple only over iPad when there is one other company, Fijitsu, using this name on one of their handheld product!

http://search.yahoo.com/tablet/s?ei=.../s/tab/piv-001

Hmm... Because two years ago Fujitsu transferred the name to Apple?
http://allthingsd.com/20100326/apple...-from-fujitsu/
post #47 of 49
Like many others I had thought that Proview were pulling a fast one, whining because they lost out on a opportunity to milk apple.

The following however shows things in a completely different light.

http://www.reuters.com/article/2012/...12+PRN20120227

Proview claim that IPAD Ltd had told them that they wanted the ipad name because of their initials.

When pressed about IPAD Ltd's use of the name, they were vague, with Graham Robinson of IPAD Ltd assuring Proview that "As I said in my last message, I can assure you that the company will not compete with Proview." Perhaps Mr Robinson was being honest in so far as IPAD Ltd would not be competing in the same industry but Robinson would probably have been aware what the name would be used for.

Proview also assert that Robinson used a false name (Jonathan Hargreaves).

If any of the above does prove to be true it does raise some very serious questions about the conduct of IPAD Ltd and the extent to which Apple were directing Robinson.

Of course, it is up to the courts to decide if Proview's claim holds any water. If not they deserve to be slapped with the mother of all fines, if however their claim is upheld then Apple had better prepare to dig deep into their pockets.
post #48 of 49
Quote:
Originally Posted by hungover View Post

Like many others I had thought that Proview were pulling a fast one, whining because they lost out on a opportunity to milk apple.

The following however shows things in a completely different light.

http://www.reuters.com/article/2012/...12+PRN20120227

Proview claim that IPAD Ltd had told them that they wanted the ipad name because of their initials.

When pressed about IPAD Ltd's use of the name, they were vague, with Graham Robinson of IPAD Ltd assuring Proview that "As I said in my last message, I can assure you that the company will not compete with Proview." Perhaps Mr Robinson was being honest in so far as IPAD Ltd would not be competing in the same industry but Robinson would probably have been aware what the name would be used for.

Proview also assert that Robinson used a false name (Jonathan Hargreaves).

If any of the above does prove to be true it does raise some very serious questions about the conduct of IPAD Ltd and the extent to which Apple were directing Robinson.

Of course, it is up to the courts to decide if Proview's claim holds any water. If not they deserve to be slapped with the mother of all fines, if however their claim is upheld then Apple had better prepare to dig deep into their pockets.

The false name and false pretense of purchasing the trademark is a concern, and should be looked at. However, it would also have to be considered that Proview, in bankruptcy, promised the trademarks, signed a written contract, paid $55,000, transferred all the trademarks except the China Trademarks, and has been shown to conspire to defraud and injure from the moment of initial discussions all the way to today.
post #49 of 49
Quote:
Originally Posted by sunilraman View Post

The false name and false pretense of purchasing the trademark is a concern, and should be looked at. However, it would also have to be considered that Proview, in bankruptcy, promised the trademarks, signed a written contract, paid $55,000, transferred all the trademarks except the China Trademarks, and has been shown to conspire to defraud and injure from the moment of initial discussions all the way to today.

According to

http://www.reuters.com/article/2012/...pe=companyNews

Apple discovered a week after announcing the iPad that they did not own the Chinese rights.

It looks as though Proview then tried to transfer the rights to another subsidiary whilst threatening to sell the rights.

May 20, Apple began legal action against Proview in Shenzhen.

So Proview Taiwan knew that they were only selling the non-china rights or incorrectly told IPAD Ltd that they were getting China?

Additionally

http://www.bbc.co.uk/news/technology-17152957

says that IPAD Ltd (illegally) claimed their address to be Roydon, Essex and not the officially listed address in London. The suggestion being that they didn't want Proview to know that they were owned by a Farncombe International (an IP company).

In short I guess Proview should give the money back to IPAD Ltd, having voided the contract neither seem to have been particularly honest. This would of course leave Apple at a disadvantage and having learnt a lesson the hard way.
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