Proview and Apple argue in China higher court over 'iPad' trademark

Posted:
in iPad edited January 2014


Apple and Proview squared off in a high court in Beijing on Wednesday over use of the "iPad" name, where Apple accused Proview of "conspiratorial" actions to gain money.



The hearing is the result of an appeal from Apple, which lost a decision to Proview in a lower chinese court in December. The high court said Wednesday afternoon that a decision on the case is now pending, according to The Wall Street Journal.



In the arguments before the court, Apple officials said they are "disappointed" that Proview didn't hold up its end of the deal for the iPad trademark. They also said that it's the management of Apple that has created value in the iPad name.



Proview countered that Apple has set a "terrible example in the Chinese intellectual property market" in using the iPad name without proper authorization. Proview officials believe that Apple was illegally deceitful when it bought the rights to the "iPad" trademark through a special purpose company named IP Application Development Limited.



However, an attorney for Proview also said in court on Wednesday that the company is "open" to talk about compensation in return for Apple's use of the iPad name. Reports have claimed that Proview is seeking as much as $2 billion from Apple.











Proview and Apple are involved in a number of lawsuits throughout China, as Proview is attempting to block sales of the iPad and even exportation of the device, which would effectively bring worldwide sales to a halt. Proview has even taken its legal action against Apple to the U.S., filing suit in California over the "iPad" trademark.



At its peak, Proview was the manufacturer of a stripped-down PC it called the Internet Personal Access Device, or iPAD. The company also found some success building monitors before the global financial crisis hit and pushed it into bankruptcy. Now, it's a near-dead company with its ownership of the "IPAD" name its only major asset.



[ View article on AppleInsider ]

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Comments

  • Reply 1 of 57
    So… which of those two is Apple and which is Proview?



    Quote:

    …the company is "open" to talk about compensation in return for Apple's use of the iPad name…



    "How's nothing sound? Does nothing sound good to you guys? How about we give you nothing instead of taking ALL of your money and forcing you to pay our lawyer's fees for wasting our time with this nonsense?"



    And, as always:



  • Reply 2 of 57
    The only hope Proview has is that the court is as corrupt as it is.
  • Reply 3 of 57
    Quote:

    At its peak, Proview was the manufacturer of a stripped-down PC it called the Internet Personal Access Device, or iPAD. The company also found some success building monitors before the global financial crisis hit and pushed it into bankruptcy. Now, it's a near-dead company with its ownership of the "IPAD" name its only major asset.



    Shouldn't the sentence read "claimed ownership"? Isn't that what the whole thing is about?
  • Reply 4 of 57
    Quote:
    Originally Posted by AppleInsider View Post




    However, an attorney for Proview also said in court on Wednesday that the company is "open" to talk about compensation in return for Apple's use of the iPad name.



    Apple is very lucky that Proview doesn't take the same attitude towards Apple that Apple takes towards everyone else.
  • Reply 5 of 57
    Quote:
    Originally Posted by Rothgarr View Post


    Shouldn't the sentence read "claimed ownership"? Isn't that what the whole thing is about?



    Ours (Apple sites) is a cruel race. We enjoy giving them a small sliver of nonexistent hope.
  • Reply 6 of 57
    Quote:
    Originally Posted by Rothgarr View Post


    Shouldn't the sentence read "claimed ownership"? Isn't that what the whole thing is about?



    To be precise, Proview's claim against Apple is its most valuable asset. The name cannot be sold to anyone at this point, given the Hong Kong injunction, and so their ownership is currently worthless.
  • Reply 7 of 57
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    Apple is very lucky that Proview doesn't take the same attitude towards Apple that Apple takes towards everyone else.



    Lucky that Proview wants them to buy the trademark only twice?
  • Reply 8 of 57
    Quote:
    Originally Posted by Lochias View Post


    Lucky that Proview wants them to buy the trademark only twice?



    The Chinese trademark was not bought by Apple. They bought it in several other countries.
  • Reply 9 of 57
    I think at this point we should just copy-paste our old posts from the other ten threads on this, because no matter how many times the losing side says it, they're still going to be wrong.
  • Reply 10 of 57
    tcaseytcasey Posts: 199member
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    The Chinese trademark was not bought by Apple. They bought it in several other countries.



    Says Proview.
  • Reply 11 of 57
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    The Chinese trademark was not bought by Apple. They bought it in several other countries.



    You haven't read the evidence. Proview's lawyers are currently claiming that the boss of Proview China who signed the contract, signed it as the head of Proview Taiwan and not as the head of Proview China.



    I will repeat that. Basically although he was the legal boss of the company they are claiming that he wasn't acting as such in this contract. Yeah. right.



    This is extortion.
  • Reply 12 of 57
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    The Chinese trademark was not bought by Apple. They bought it in several other countries.



    That is a question of fact that hasn't yet been decided by any fact finder in any court of competent jurisdiction, since no court has actually considered the claims on their merits.
  • Reply 13 of 57
    paxmanpaxman Posts: 4,594member
    Quote:
    Originally Posted by Macky the Macky View Post


    The only hope Proview has is that the court is as corrupt as it is.



    Do you know this or are you just yelling with the crowd? It seems to me the owner of Proview is quite honest when he says he hopes that by winning here he hopes to rebuild his company. Clearly Proview is on the brink and has nothing to loose, and whether they in truth have a rightful claim is immaterial. What matters is that they stand to gain BIG.



    If it had not been Apple, but another 'the most valuable company in the world', and you (as in everybody) were on the brink of financial ruin, wouldn't you have a go at it? I am not assuming Apple is in the right here, nor that it is in the wrong, and I am not assuming either party is acting out of pre-meditated malice nor from a pre-meditated eye on making a bundle, but if you were to find yourself in a situation where you suddenly realized you could make a couple of billion by digging your heels in, wouldn't you?
  • Reply 14 of 57
    Quote:
    Originally Posted by I am a Zither Zather Zuzz View Post


    The Chinese trademark was not bought by Apple. They bought it in several other countries.



    Of which the true interpretation is still pending. Hence the court, geddit?

  • Reply 15 of 57
    Quote:
    Originally Posted by tcasey View Post


    Says Proview.



    And every Chinese court which has issued a decision.
  • Reply 16 of 57
    jd_in_sbjd_in_sb Posts: 1,484member
    Quote:
    Originally Posted by paxman View Post


    Do you know this or are you just yelling with the crowd? It seems to me the owner of Proview is quite honest when he says he hopes that by winning here he hopes to rebuild his company. Clearly Proview is on the brink and has nothing to loose, and whether they in truth have a rightful claim is immaterial. What matters is that they stand to gain BIG.



    If it had not been Apple, but another 'the most valuable company in the world', and you (as in everybody) were on the brink of financial ruin, wouldn't you have a go at it? I am not assuming Apple is in the right here, nor that it is in the wrong, and I am not assuming either party is acting out of pre-meditated malice nor from a pre-meditated eye on making a bundle, but if you were to find yourself in a situation where you suddenly realized you could make a couple of billion by digging your heels in, wouldn't you?



    I wouldn't because to claim ownership requires repeating endless lies to the courts and media. And in the end I would get nothing but humiliation and huge legal bills.
  • Reply 17 of 57
    Quote:
    Originally Posted by Switch23 View Post


    That is a question of fact that hasn't yet been decided by any fact finder in any court of competent jurisdiction, since no court has actually considered the claims on their merits.



    Two Chinese courts have decided exactly that. Apple is now appealing the decision of one of those courts.
  • Reply 18 of 57
    gqbgqb Posts: 1,934member
    Probably the most salient point of this whole sad affair...



    "...it's the management of Apple that has created value in the iPad name."



    Its not the name that has value, its the work and creativity in the thing itself, which these leeches had no part in.

    If the court doesn't agree with that, then let them go nourish themselves on a photo of a steak.
  • Reply 19 of 57
    All in all, Apple should claim this:"We purchased the right to the iPad trademark and we marketed and sold the iPad itself, and have been for 2 and half years now. Where was Proview when we first released the product, and who now would see the name iPad to mean anything other than Apple's tablet."



    Furthermore, who would think any product starting with a small case 'i' wasn't made by Apple? Proview should trademark the 'iExtort' name, because that's all their company does anymore.
  • Reply 20 of 57
    Quote:
    Originally Posted by alienzed View Post


    Furthermore, who would think any product starting with a small case 'i' wasn't made by Apple?



    The tens of millions of people who have bought iHome products?
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