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Proview iPad suit against Apple thrown out of California court

post #1 of 36
Thread Starter 
A California judge has tossed out a trademark complaint brought against Apple by Proview Electronics Co. over the iPad name, however an identical case remains unsettled in China.

It was revealed on Tuesday by The Wall Street Journal that Judge Mark Pierce of the Superior Court of the State of California in Santa Clara County dismissed Proview's suit on May 4, three days prior to an announcement from Proview attorneys that suggested Apple may be willing to settle out of court.

First filed in California in February, Proview's complaint asserts that Apple acted "with oppression, fraud and/or malice" when it purchased the iPad moniker from company through a UK proxy named IP Application Development, Ltd. (IPAD, Ltd.). At the time, Proview attorney Xie Xianghui once again made statements that later turned out to be incongruous with actual court proceedings.

In a prepared statement, Proview lawyer Christopher Evans said the California decision to dismiss "was not based on the merits of the case." An Apple spokesperson rebutted the claim and reiterated that the company legally purchased the rights and that "Proview refuses to honor their agreement with Apple in China."

The trademark battle started in 2010 when the struggling Proview threatened to sue Apple for $1.5 billion, claiming that an earlier agreement to sell the "global trademark" didn't include the Chinese market. Since then, Proview has changed its tack and claimed that the iPad trademark purchase was illegitimate because it went through a Taiwanese affiliate and not the parent company in Hong Kong. Proview Electronics Co. is a subsidiary of Proview International Holdings Ltd., a nearly-dead corporation.

The suit is ongoing in China and it remains unclear what effect, if any, the California decision will have on those proceedings. Proview might not be done with its U.S. suit, however, as Evans said the company is "looking forward to presenting the facts in the case to the appellate court, and we are confident that the facts will show that Apple fraudulently obtained the iPad trademarks."
post #2 of 36

There. Done. Apple has won China now. They can cite… whatever the phrase is. Two words. Can't remember them.

post #3 of 36

The California will win!

post #4 of 36
Quote:
Originally Posted by Tallest Skil View Post

There. Done. Apple has won China now. They can cite… whatever the phrase is. Two words. Can't remember them.

 

I believe the words you are searching for are "Bugger off". :D

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post #5 of 36
Winning in California ain't winning in China, however.

Personally, I reckon they should just rebrand and sell in China under the name 'iPaid'.
Pot is legal in North Korea.
That explains a considerable amount.

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Pot is legal in North Korea.
That explains a considerable amount.

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post #6 of 36
Quote:
Originally Posted by SpamSandwich View Post

I believe the words you are searching for are "Bugger off". 1biggrin.gif

Damn.

I thought they were 'Fruck You!'.
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post #7 of 36
Quote:
Originally Posted by GTR View Post

Winning in California ain't winning in China, however.
Personally, I reckon they should just rebrand and sell in China under the name 'iPaid'.

 

Or, since they're already bankrupt, they should call it the "ScrewYouProViewPad".

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post #8 of 36

So, Proview defrauded Apple. They assumed the attempt to buy "iPad" was a front for Apple, they said as much already. So they concocted a scheme to defraud Apple out of $1.5 Billion by directing them to negotiate with their subsidy which claimed to be able to negotiate on behalf of the parent (fraud) so that later the parent could refute the sale and then extort billions from Apple after the product was already distributed by the thousands and the "iPad" name was well-established. 

 

Why is Apple (or the UK company known as IPAD) not suing the pants off of Proview? Isn't this as obvious and plain as day to everyone?

post #9 of 36

Apple is correct on stating they were close to resolving this issue.

 

California just moved them to the 50 yard line.
 

post #10 of 36
Quote:
Originally Posted by seking View Post

So, Proview defrauded Apple. They assumed the attempt to buy "iPad" was a front for Apple, they said as much already. So they concocted a scheme to defraud Apple out of $1.5 Billion by directing them to negotiate with their subsidy which claimed to be able to negotiate on behalf of the parent (fraud) so that later the parent could refute the sale and then extort billions from Apple after the product was already distributed by the thousands and the "iPad" name was well-established. 

 

Why is Apple (or the UK company known as IPAD) not suing the pants off of Proview? Isn't this as obvious and plain as day to everyone?

What's to sue? ProView is going bankrupt.

post #11 of 36

So Proview had a "global trademark" that included the U.S. but Apple would buy a "global trademark" with out the chinese market?  I believe that.

post #12 of 36

Apple might well lose this case in China and looks like under pressure from China government, Apple is going to settle. This is very unfortunate if it turns out to be true.

 

From local news:

 

 

Apple risks losing the right to use the iPad trademark in the mainland, a senior official suggested on Tuesday, as a court in Guangdong province sought to mediate a settlement between the US technology giant and a Shenzhen company.
Yan Xiaohong, deputy director of the National Copyright Administration, said in Beijing that the government regarded Shenzhen Proview Technology as the rightful owner of the trademark for the popular tablet computers. His remarks could add to pressure on Apple to find a solution to the stand-off.
 
 
A Chinese computer company suing Apple over the rights to the iPad trademark in China was in talks for an out-of-court settlement, a lawyer for the firm said yesterday.
Proview Technology (Shenzhen) has been locked in a drawn-out legal fight with the US technology giant over ownership of the Chinese rights to the "iPad" trademark, which both claim as their own.
"Both parties are now negotiating a settlement," Xie Xianghui, a lawyer for Proview, said.
post #13 of 36
Quote:
Originally Posted by mdriftmeyer View Post

Apple is correct on stating they were close to resolving this issue.

 

California just moved them to the 50 yard line.
 

I don't really think this decision will bear much weight in the China case. If I understand correctly, what Apple argued was that the case was being properly tried in China and that this case really should have not been brought.

post #14 of 36
Quote:
Originally Posted by hopl67 View Post

Apple might well lose this case in China and looks like under pressure from China government, Apple is going to settle. This is very unfortunate if it turns out to be true.

 

From local news:

 

 

Apple risks losing the right to use the iPad trademark in the mainland, a senior official suggested on Tuesday, as a court in Guangdong province sought to mediate a settlement between the US technology giant and a Shenzhen company.
Yan Xiaohong, deputy director of the National Copyright Administration, said in Beijing that the government regarded Shenzhen Proview Technology as the rightful owner of the trademark for the popular tablet computers. His remarks could add to pressure on Apple to find a solution to the stand-off.
 
 
A Chinese computer company suing Apple over the rights to the iPad trademark in China was in talks for an out-of-court settlement, a lawyer for the firm said yesterday.
Proview Technology (Shenzhen) has been locked in a drawn-out legal fight with the US technology giant over ownership of the Chinese rights to the "iPad" trademark, which both claim as their own.
"Both parties are now negotiating a settlement," Xie Xianghui, a lawyer for Proview, said.

I think they got this backwards. I suspect the pressure from the Chinese government is on Proview. China knows that their costs are rising compared to other developing countries and I don't think that will allow such a blatant hold-up of Apple. They are pressuring both sides (but especially the bankrupt Proview) to get a deal done and get this out of the news before other Western companies start reconsidering doing business in China.

post #15 of 36
Quote:
Originally Posted by GTR View Post

Winning in California ain't winning in China, however.
Personally, I reckon they should just rebrand and sell in China under the name 'iPaid'.

 

People keep saying this, sometimes half in jest. Nevertheless, this would be a horrible mistake. By changing the name of the iPad, Apple would be making a tacit admission that it didn't actually own the name, that Proview owned it. Within 15 seconds, Proview would then sell the rights to the name "iPad" in China, probably to Samsung. And suddenly there would be a knockoff copy being sold in China as the true "iPad", with Apple sucking hind teat. 

post #16 of 36
Quote:
Originally Posted by GTR View Post

Winning in California ain't winning in China, however.

Poor Gatorguy is probably having a heart attack.

The interesting part of this is that Apple presented an argument to the court that the parties had agreed to let the Hong Kong court settle the matter and the court accepted this argument. Now, if Apple was able to present evidence that the parties did agree to Hong Kong as venue, then Apple's clearly in the driver's seat. The Hong Kong court already sided with Apple and said that Proview appeared to be guilty of conspiracy to defraud. So all of Proview's filings all over China are likely to get thrown out on the basis of the agreement to let Hong Kong handle it.

I don't see that Proview has any leverage at all any more.
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post #17 of 36
Quote:
Originally Posted by jragosta View Post


Poor Gatorguy is probably having a heart attack.
The interesting part of this is that Apple presented an argument to the court that the parties had agreed to let the Hong Kong court settle the matter and the court accepted this argument. Now, if Apple was able to present evidence that the parties did agree to Hong Kong as venue, then Apple's clearly in the driver's seat. The Hong Kong court already sided with Apple and said that Proview appeared to be guilty of conspiracy to defraud. So all of Proview's filings all over China are likely to get thrown out on the basis of the agreement to let Hong Kong handle it.
I don't see that Proview has any leverage at all any more.

 

All that's left are the public beatings. Bring out The Hulk!

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post #18 of 36

Or:

 

http://www.youtube.com/watch?v=UVbU41tZ1FY

 

Quote:
Originally Posted by SpamSandwich View Post

 

I believe the words you are searching for are "Bugger off". :D

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post #19 of 36

After a few months on the sidelines, I shall just say, as another poster put it, anyone that bothers to even consider Proview's "arguments", is simply... "lamentations over morons". In Asia, Asian business can be crafty, but developed nation businesses are simply not stupid. In the words of the famous meme, Apple is simply saying, as always, "Bitch, Please".

post #20 of 36
Quote:
Originally Posted by Tallest Skil View Post

There. Done. Apple has won China now. They can cite… whatever the phrase is. Two words. Can't remember them.

 

Diu Ni! (de lou mo) ... The only two words Apple needs in China. Tim Cook always said they're going to learn as much as possible from China and then apply that knowledge to the rest of teh "emerging marketz". Well, these two words are a good start, and easily translatable to any language :D


Edited by nvidia2008 - 5/8/12 at 8:30pm
post #21 of 36

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post #22 of 36
Quote:
Originally Posted by nvidia2008 View Post

 

Diu Ni! (de lou mo) ...

 

"diu" is Cantonese, so still appropriate in HK and Guangdong where the Proview case is playing out. In Mandarin it's "cao" ['tsao', perhaps, in the Wade-Giles system], and "cao ni ma de" is the equivalent of "diu le lo mo"...

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post #23 of 36
Quote:
Originally Posted by nvidia2008 View Post

Diu Ni! (de lou mo) ... The only two words Apple needs in China.

Aiyah!
Pot is legal in North Korea.
That explains a considerable amount.

"The United States will respond proportionally at a place and time we choose..."
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Pot is legal in North Korea.
That explains a considerable amount.

"The United States will respond proportionally at a place and time we choose..."
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post #24 of 36
Quote:
Originally Posted by GTR View Post

Winning in California ain't winning in China, however.
Personally, I reckon they should just rebrand and sell in China under the name 'iPaid'.

 

Or "iPaid 2ice"

 

Quote:
Originally Posted by jragosta View Post


Poor Gatorguy is probably having a heart attack.
 

 

And poor I am a TEKZTUD Zock Zuppet is probably in deep denial.

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post #25 of 36
Quote:
Originally Posted by Tallest Skil View Post

There. Done. Apple has won, China now. They can cite… whatever the phrase is. Two words. Can't remember them.


In China the two words are the name of an early Confucian Negotiator: Fak Que

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post #26 of 36
Quote:
Originally Posted by sennen View Post

 

"diu" is Cantonese, so still appropriate in HK and Guangdong where the Proview case is playing out. In Mandarin it's "cao" ['tsao', perhaps, in the Wade-Giles system], and "cao ni ma de" is the equivalent of "diu le lo mo"...

The Italians have a simple gesture that mean the same thing.

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post #27 of 36
Quote:
Originally Posted by hopl67 View Post

Yan Xiaohong, deputy director of the National Copyright Administration, said in Beijing that the government regarded Shenzhen Proview Technology as the rightful owner of the trademark for the popular tablet computers. His remarks could add to pressure on Apple to find a solution to the stand-off.

 

That is meaningless. All that says is that Proview is the registered owner of the trademark in China. Even Apple doesn't dispute who the registered owner currently is. Apple is arguing who the registered owner should be based on the deal they did with Proview.

post #28 of 36

What amuses me here is the thought that if Steve Jobs were around and the Chinese government meddled with this case on behalf of Proview to exact even a small amount of money from Apple, he would immediately pull all Apple merchandise from China, bulldoze every Chinese Apple Store in a fit of rage and never sell another product in China again.

post #29 of 36
Quote:
Originally Posted by Tallest Skil View Post

There. Done. Apple has won China now. They can cite… whatever the phrase is. Two words. Can't remember them.

Stare Decisis? Res Judicata?

 

But given that the two lawsuits had totally different subject matter, that is unlikely.


Edited by I am a Zither Zather Zuzz - 5/9/12 at 7:17am
post #30 of 36
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

Stare Decisis.

But given that the two lawsuits had totally different subject matter, that is unlikely.

I see you're off to a good start - by ignoring the facts.

Apple presented evidence that Proview and Apple had agreed to resolve the matter in the Hong Kong courts - and the CA court accepted that evidence.

That greatly increases the probability that this will ultimately be decided in Hong Kong and not in some remote province in China. Since Hong Kong's court has already come down firmly on Apple's side, even going so far as claiming that what Proview did was probably criminal conspiracy, if it does end up decided in Hong Kong, that goes a long way toward helping Apple to win this.

The ultimate effect is that Proview's creditors are going to get screwed. If the HK court rules that the transaction was legal and binding (which appears to be their stance), then Proview will not be able to reverse it. However, they will have to face charges from their creditors over dissipation of assets. Of course, since Proview doesn't have any money, winning that argument won't do the creditors any good.
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post #31 of 36
Quote:
Originally Posted by jragosta View Post

Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

But given that the two lawsuits had totally different subject matter, that is unlikely.

I see you're off to a good start - by ignoring the facts.
 

 

In the filing, the Shenzhen-based display manufacturer asserts that Apple committed fraud by purchasing the "iPad" name through a proxy company set up by one of the iPhone maker's law firms. 

Proview Shenzhen claims that Apple acted "with oppression, fraud and/or malice," when it used U.K.-based IP Application Development, Ltd. to buy the rights from a Taiwanese affiliate in 2009 for a reported 35,000 British pounds, or $55,000.

The U.S. suit differs from its Chinese counterparts that claim the purchase to be void because Proview Shenzhen didn't authorize its affiliate to sell the trademark. 

 

 

http://www.appleinsider.com/articles/12/02/23/proview_sues_apple_over_ipad_moniker_in_us.html

post #32 of 36
Quote:
Originally Posted by JiveTurkey View Post

What amuses me here is the thought that if Steve Jobs were around and the Chinese government meddled with this case on behalf of Proview to exact even a small amount of money from Apple, he would immediately pull all Apple merchandise from China, bulldoze every Chinese Apple Store in a fit of rage and never sell another product in China again.


No, actually he would pull all business from Foxconn who employes close to 1M people in china building Apple products. Apple is doing more for china's economy than any other company in the world, do you think the Capitalist/Communist are willing to risk this. China will let this pay out in the courts so it looks as if everything is above board but in the back rooms the court will be told exactly how this will play out.

post #33 of 36
Quote:
Originally Posted by seking View Post

So, Proview defrauded Apple. They assumed the attempt to buy "iPad" was a front for Apple, they said as much already. So they concocted a scheme to defraud Apple out of $1.5 Billion by directing them to negotiate with their subsidy which claimed to be able to negotiate on behalf of the parent (fraud) so that later the parent could refute the sale and then extort billions from Apple after the product was already distributed by the thousands and the "iPad" name was well-established. 

 

Why is Apple (or the UK company known as IPAD) not suing the pants off of Proview? Isn't this as obvious and plain as day to everyone?


Not even sure why I am responding to this, but you need to do more critical reading, the UK company call IPAD was set up by Apple to buy the name since they were smart enough to know  they would over pay if Proview knew it was Apple trying to buy the trade name.

 

This is called a proxy transaction it is done all the time. Proview is just pissed they were not smart enough to realize the UK company IPAD was proxy company to Apple.

post #34 of 36
Quote:
Originally Posted by I am a Zither Zather Zuzz View Post

In the filing, the Shenzhen-based display manufacturer asserts that Apple committed fraud by purchasing the "iPad" name through a 
proxy company
 set up by one of the iPhone maker's law firms. 




Proview Shenzhen claims that Apple acted "with oppression, fraud and/or malice," when it used U.K.-based IP Application Development, Ltd. to buy the rights from a Taiwanese affiliate in 2009 for a reported 35,000 British pounds, or $55,000.




The U.S. suit differs from its 
Chinese counterparts
 that claim the purchase to be void because Proview Shenzhen didn't authorize its affiliate to sell the trademark. 



http://www.appleinsider.com/articles/12/02/23/proview_sues_apple_over_ipad_moniker_in_us.html

So what? Apple claimed (and the CA judge apparently agreed) that Apple and Proview agreed to settle the matter in Hong Kong. So all of Proview's filings around the world are frivolous and not likely to succeed. And the Hong Kong court has already stated their belief that Apple was the legal owner of the trademark and that Proview committed conspiracy with intent to defraud.

In addition, the fact that you apparently agree that the use of a proxy company constitutes fraud is pretty certain proof that you don't understand enough about business or the law to even be participating in this discussion. Go back to writing fake reviews.

Quote:
Originally Posted by Maestro64 View Post


Not even sure why I am responding to this, but you need to do more critical reading, the UK company call IPAD was set up by Apple to buy the name since they were smart enough to know  they would over pay if Proview knew it was Apple trying to buy the trade name.

This is called a proxy transaction it is done all the time. Proview is just pissed they were not smart enough to realize the UK company IPAD was proxy company to Apple.

That's half of it. If the proxy company had turned out to be someone else, they might not have bothered.

However, it also appears that there was a clear intent to defraud from the start. Read the Hong Kong court ruling. They may not have intended to transfer the trademark to the UK company even before they knew it was Apple.
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post #35 of 36
Quote:
Originally Posted by Maestro64 View Post


Not even sure why I am responding to this, but you need to do more critical reading, the UK company call IPAD was set up by Apple to buy the name since they were smart enough to know  they would over pay if Proview knew it was Apple trying to buy the trade name.

 

This is called a proxy transaction it is done all the time. Proview is just pissed they were not smart enough to realize the UK company IPAD was proxy company to Apple.

You're right. Proxy transactions are common. If they wanted to hold out for more money, they could have negotiated back then or at least researched the buyer. I don't think it would have hit millions or billions, but if Apple really wanted to use that name, it's unlikely that this was the upper limit of their budget.

post #36 of 36
Quote:
Originally Posted by lightstriker View Post

So Proview had a "global trademark" that included the U.S…

 

Who says it included the US?

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