Apple threatens Proview with defamation countersuit
Following a Monday announcement that Proview had won a small legal victory against Apple on Friday, the iPad maker is threatening to sue the bankrupt Chinese company over purportedly false and misleading statements released to the press.
In a letter to Proview founder Yang Rongshan obtained by All Things D on Monday, Apple alleges that the company has been misrepresenting certain facts to press outlets in order to inflame the already complicated "iPad" trademark dispute and is warning legal action over damages resulting from the defamatory statements.
The lengthy document, written in both Mandarin and English, gives the broad strokes of the case thus far, with Apple alleging that Proview not only refuses to honor its trademark agreement, but breaches the "principles of good faith and dealing" by making false or misleading public statements.
Bullet points from the letter regarding false statements:
Quote:
that Apple's affiliate "mistakenly" transacted with Proview Electronics Co., Ltd. ("Proview Taiwan", Proview's another subsidiary) who did not own the trademarks for IPAD in mainland China;
that "Proview Shenzhen had no knowledge of the trademark transfer";
that Apple's affiliates dealt only with representatieves of Proview Taiwan who "had nothing to do with Proview Shenzhen"; and
that the IPAD trademarks in mainland China "were not included in the package of trademarks under consideration" in the sale.
that Apple's affiliate "mistakenly" transacted with Proview Electronics Co., Ltd. ("Proview Taiwan", Proview's another subsidiary) who did not own the trademarks for IPAD in mainland China;
that "Proview Shenzhen had no knowledge of the trademark transfer";
that Apple's affiliates dealt only with representatieves of Proview Taiwan who "had nothing to do with Proview Shenzhen"; and
that the IPAD trademarks in mainland China "were not included in the package of trademarks under consideration" in the sale.
Apple maintains its stance of having legally purchased the rights to the "iPad" name under the direction of Yang in 2009 from Proview Taiwan, an affiliate of Shenzhen-based Proview Technology which itself is a subsidiary of Hong Kong-based umbrella company Proview International Holdings.
Recently, Proview has been claiming ownership rights of the "iPad" moniker in China, and Apple notes that because no final court judgment has named a true owner, any presumptive statements "have the effect of wrongly causing damage to Apple's reputation."
The letter goes on to note the specifics of the agreement and subsequent transaction from Proview Shenzhen, including email correspondence and legal documentation.
The full letter from All Things
Apple_proview
var docstoc_docid="113878230";var docstoc_title="Apple_proview";var docstoc_urltitle="Apple_proview";
Earlier on Monday, Proview's lawyer Xie Xianghui announced that the company had won a Lower People's Court decision in Huizhou banning the sale of Apple's tablet, though it turns out that the scope of the ruling is quite narrow as it only applies to one store in the region.
[ View article on AppleInsider ]
Comments
This smacks of a company with nothing to lose making a desperate ploy.
Or the banks on the hook for Proview's loans are pulling the strings.
Isn't Proview nearing bankruptcy? Does China have similar bankruptcy protection laws?
This smacks of a company with nothing to lose making a desperate ploy.
Or the banks on the hook for Proview's loans are pulling the strings.
What ever ist is, these guys should get some time to think in a local prison. Maybe with these corrupt judges as room mates.
What ever ist is, these guys should get some time to think in a local prison. Maybe with these corrupt judges as room mates.
I agree, I'm merely pointing out that they may be protected from civil proceedings, like damages. Criminal charges for fraud? Not so much. Assuming a proper legal system.
Don't threaten!! Sue right away!!
Hmm... It's a tossup. I think they need to enjoin the services (aka "grease the wheels") of some highly placed Party members who like Apple.
Good luck iPad.
be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.
So true. So many things to weigh. Mainland vs. Taiwan, Foreign Employer vs. National Business.
A lot of pride on the line in a one sided country.
So true. So many things to weigh. Mainland vs. Taiwan, Foreign Employer vs. National Business.
A lot of pride on the line in a one sided country.
Time for that "one sided country" to decide if it believes in rule of law.
be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.
...and Hong Kong is part of which country?
Time for that "one sided country" to decide if it believes in rule of law.
Well, I doubt if we even know 100%, or anything close to it, if Proview is in the right or in the wrong in this case.
be ware of the difference in legal systems between the two countries. A sure case in US or any western country may not be so sure in China. Particularly, when two different part of China (Taiwan and mainland) involved. it is very muddy situation (the winning of lower court case by the other party already sound the warning sign).
Good luck iPad.
There may be some repercussions if American and European businesses see Apple get screwed in the courts because of "homerism". It may not bode well for China's future as a business hub, although with 1.5 billion people they may be able to get by.
There aren't too many trolls on this thread. I guess even they sense Apple is in the right here.
All things in time, my friend. All things in time.
Well, I doubt if we even know 100%, or anything close to it, if Proview is in the right or in the wrong in this case.
Now that's one of the best perspectives ever posted here.
There aren't too many trolls on this thread. I guess even they sense Apple is in the right here.
Shall I ring the dinner bell and summon tekstud here?