I would like to add that we ned to keep in mind that there is precious little information about other nations and cultures available to the average person in the US -
The average person in the US has available to them an infinite amount of information about other nations and cultures.
I stopped reading here. because any conclusions that flow from this premise will be defective.
Again: The average person in the US has available to them an infinite amount of information. We are not victims. Any degree of ignorance is 100% self-inflicted.
Ridiculous, desperate lawsuit intended as a hail mary to save a dying company. How one sells a "global trademark" and then claims it doesn't include the most populous nation on Earth is beyond me.
In this case, the seller did not own the Chinese Trademark rights.
"Yang asserts that the 2006 deal did not include Chinese rights to the trademark owned by Proview Technology (Shenzhen), an affiliate of Proview International, which is listed in Hong Kong."
Indeed, the owner of the Chinese trademark seems to be a foreign-based company. /What sort of due dillligence did Apple do? Did they miss that?
And how ironic that your most likely lack of education and understanding of foreign cultures and economic state of other countries led you to make such blanket accusations.
Well said.
I have no gripe at all against Chinese people. I've done business with many of them and they are, by and large, good, honest, hardworking people.
My gripe is with the Chinese GOVERNMENT which uses extortionate methods to get what they want. And with the U.S. government who didn't have the guts to stand up to them in the 80's and 90's - which is why we have the massive trade deficits we're facing now.
During that time period, if our government had had the guts to stand up to them and require that their currency be allowed to float, we have the leverage to force it to happen. That would have reduced the unfair trade practices by which they have put so many of our manufacturers out of business.
How ironic that a Chinese company is suing a US company for alleged Intellectual Property violation/theft when their entire citizenry has no regard for US IP rights when it comes to movies, music, books, etc.
How about for just about ANYTHING that is sold on the market, and the government barely does anything about this blatant theft ... China is ridiculous. The rest of the world is held to a standard, China, however, always gets a pass, because countries NEED their low wage production. /sigh
I have to at least give them credit for being so forthright-- "Man, we're totally broke and if we can jack up Apple for some money that would be awesome."
Can't say that I really blame them, and they probably figure Apple's got enough money to pay them a fortune just to go away. OTOH, Apple knows if it takes to doing that it'll just encourage the litigates to come out of the woodwork, so they'll probably have all the principles killed as a warning to the others.
I wonder if it might be a lot cheaper for Apple to to buy the company and solve this quickly, how much can it be worth I wonder?
Or just call the iPad something else in China. Does it really matter?
Not Apple's style
Quote:
Originally Posted by Rokrad
How is it that they could sue for damages in the US if they don't have the trademark globally?
indeed. If they don't own the trademark in the US then there's no damages. So that part will likely be tossed out rather fast
Quote:
Originally Posted by hill60
If this company sold the "global rights" to the name, aren't they now in breach of contract with this claim?
An examination of the contract could lead to this claim becoming fraudulent with associated criminal charges.
I doubt there are any criminal charges to apply but you do raise an important issue. The paper trail. If there is legit proof that the company that sold the rights to Apple had the right to sell the rights, and China is listed then what this smaller group 'meant to do' is nil. Sorry that they didn't figure on the middle man selling to Apple but it is done.
Quote:
Originally Posted by Ronbo
If I missed it in the article, I apologize, but does this company actually have a damned product associated with their precious trademark? Or are they just trolling?
In the US there is a time limit on producing a product. This came up during the whole Cisco iphone issue (they didn't have a product and announced one at the 23rd hour of their deadline just to block Apple claiming the trademark on expiration)
But this is not a US company claiming to own the right. It is a Chinese company and Chinese trademark laws, even global treaties, could have different rules about production, protection of a trademark etc. In theory we could say they are trolling but without knowing all the exact laws, it is possible that they are still within appropriate 'produce or lose' periods. Assuming that they actually have a claim on the lack of sale issue.
How about for just about ANYTHING that is sold on the market, and the government barely does anything about this blatant theft ... China is ridiculous. The rest of the world is held to a standard, China, however, always gets a pass, because countries NEED their low wage production. /sigh
again, Chinese does not refer to just people from China. Taiwan is totally different than China, and this is about a Taiwanese company. AND in Taiwan, the there are NO low wage productions. In fact, Taiwan is one of the most technology advanced and computer engineer filled nation in the world. Their minimum is wage is almost as high as Japan's. Please know some basic information before you go on and stereotype a nation.
Ridiculous, desperate lawsuit intended as a hail mary to save a dying company. How one sells a "global trademark" and then claims it doesn't include the most populous nation on Earth is beyond me.
The US isn't the most populated nation on Earth. Unless you meant pompous, which would be about right.
Comments
I would like to add that we ned to keep in mind that there is precious little information about other nations and cultures available to the average person in the US -
The average person in the US has available to them an infinite amount of information about other nations and cultures.
I stopped reading here. because any conclusions that flow from this premise will be defective.
Again: The average person in the US has available to them an infinite amount of information. We are not victims. Any degree of ignorance is 100% self-inflicted.
Ridiculous, desperate lawsuit intended as a hail mary to save a dying company. How one sells a "global trademark" and then claims it doesn't include the most populous nation on Earth is beyond me.
In this case, the seller did not own the Chinese Trademark rights.
"Yang asserts that the 2006 deal did not include Chinese rights to the trademark owned by Proview Technology (Shenzhen), an affiliate of Proview International, which is listed in Hong Kong."
Indeed, the owner of the Chinese trademark seems to be a foreign-based company. /What sort of due dillligence did Apple do? Did they miss that?
And how ironic that your most likely lack of education and understanding of foreign cultures and economic state of other countries led you to make such blanket accusations.
Well said.
I have no gripe at all against Chinese people. I've done business with many of them and they are, by and large, good, honest, hardworking people.
My gripe is with the Chinese GOVERNMENT which uses extortionate methods to get what they want. And with the U.S. government who didn't have the guts to stand up to them in the 80's and 90's - which is why we have the massive trade deficits we're facing now.
During that time period, if our government had had the guts to stand up to them and require that their currency be allowed to float, we have the leverage to force it to happen. That would have reduced the unfair trade practices by which they have put so many of our manufacturers out of business.
How ironic that a Chinese company is suing a US company for alleged Intellectual Property violation/theft when their entire citizenry has no regard for US IP rights when it comes to movies, music, books, etc.
How about for just about ANYTHING that is sold on the market, and the government barely does anything about this blatant theft ... China is ridiculous. The rest of the world is held to a standard, China, however, always gets a pass, because countries NEED their low wage production. /sigh
I have to at least give them credit for being so forthright-- "Man, we're totally broke and if we can jack up Apple for some money that would be awesome."
Can't say that I really blame them, and they probably figure Apple's got enough money to pay them a fortune just to go away. OTOH, Apple knows if it takes to doing that it'll just encourage the litigates to come out of the woodwork, so they'll probably have all the principles killed as a warning to the others.
I wonder if it might be a lot cheaper for Apple to to buy the company and solve this quickly, how much can it be worth I wonder?
Or just call the iPad something else in China. Does it really matter?
Not Apple's style
How is it that they could sue for damages in the US if they don't have the trademark globally?
indeed. If they don't own the trademark in the US then there's no damages. So that part will likely be tossed out rather fast
If this company sold the "global rights" to the name, aren't they now in breach of contract with this claim?
An examination of the contract could lead to this claim becoming fraudulent with associated criminal charges.
I doubt there are any criminal charges to apply but you do raise an important issue. The paper trail. If there is legit proof that the company that sold the rights to Apple had the right to sell the rights, and China is listed then what this smaller group 'meant to do' is nil. Sorry that they didn't figure on the middle man selling to Apple but it is done.
If I missed it in the article, I apologize, but does this company actually have a damned product associated with their precious trademark? Or are they just trolling?
In the US there is a time limit on producing a product. This came up during the whole Cisco iphone issue (they didn't have a product and announced one at the 23rd hour of their deadline just to block Apple claiming the trademark on expiration)
But this is not a US company claiming to own the right. It is a Chinese company and Chinese trademark laws, even global treaties, could have different rules about production, protection of a trademark etc. In theory we could say they are trolling but without knowing all the exact laws, it is possible that they are still within appropriate 'produce or lose' periods. Assuming that they actually have a claim on the lack of sale issue.
Do not impose Western values on their use of the words.
How about for just about ANYTHING that is sold on the market, and the government barely does anything about this blatant theft ... China is ridiculous. The rest of the world is held to a standard, China, however, always gets a pass, because countries NEED their low wage production. /sigh
again, Chinese does not refer to just people from China. Taiwan is totally different than China, and this is about a Taiwanese company. AND in Taiwan, the there are NO low wage productions. In fact, Taiwan is one of the most technology advanced and computer engineer filled nation in the world. Their minimum is wage is almost as high as Japan's. Please know some basic information before you go on and stereotype a nation.
yes, im calling you ignorant.
Ridiculous, desperate lawsuit intended as a hail mary to save a dying company. How one sells a "global trademark" and then claims it doesn't include the most populous nation on Earth is beyond me.
The US isn't the most populated nation on Earth. Unless you meant pompous, which would be about right.