Proview says no settlement negotiations yet with Apple over iPad trademark

2

Comments

  • Reply 21 of 53
    sennensennen Posts: 1,468member
    Please, Proview, hold your breath til Apple begins out-of-court settlement discussions...



    Quote:

    Some officials in China have already begun acting on earlier rulings in favor of Proview. A small number of iPad units have been seized by local officials, though the confiscations do not appear to be widespread.



    Zero chance that these units will be back in shops when these earlier rulings are completely overturned.
  • Reply 22 of 53
    solipsismxsolipsismx Posts: 19,566member
    Quote:
    Originally Posted by anantksundaram View Post


    Has never happened before, unlikely to happen now (or ever).



    They've done it at least once. I-O Data owns the right to the trademark in Japan.I don't recall if there was a lawsuit.
  • Reply 23 of 53
    jglavinjglavin Posts: 93member
    Quote:
    Originally Posted by SolipsismX View Post


    They've done it at least once. I-O Data owns the right to the trademark in Japan.I don't recall if there was a lawsuit.



    there was also the Mighty Mouse, that got renamed eventually.
  • Reply 24 of 53
    solipsismxsolipsismx Posts: 19,566member
    Quote:
    Originally Posted by jglavin View Post


    there was also the Mighty Mouse, that got renamed eventually.



    Oh yeah!
    Prior to launching the device, Apple received a license to the name "Mighty Mouse" from Viacom, and subsequently CBS Operations, as owner of the Mighty Mouse cartoon series, the title having been registered in the U.S. as a trademark with respect to various merchandise (such as T-shirts and multivitamins) associated with the character. However, the trademark did not cover computer peripherals, and CBS did not apply to trademark the term in the U.S. with respect to computer mice until mid-2007.



    On May 21, 2008, it was announced that Man & Machine Inc., a supplier of keyboards and mice to laboratories and hospitals, had sued Apple Inc. for trademark infringement over its use of the name Mighty Mouse. Man & Machine Inc. had four registered or pending trademarks on various computer pointing related technologies, including "Cool Mouse", "Really Cool", and "Man and Machine and Design". The particular Mighty Mouse trademark in dispute was first filed by Man & Machine Inc., on December 18, 2007 with the description "Computer cursor control devices, namely, computer mice" ? after CBS's filing, but claiming first use in 2004, before the introduction of the Apple device.



    Following opposition proceedings on both sides against the other, CBS subsequently withdrew its application, allowing Man & Machine to register the U.S. trademark for computer mice. As a result, Apple stopped selling mice under the "Mighty Mouse" name on October 20, 2009, when it introduced the wireless Magic Mouse and renamed the existing wired mouse the "Apple Mouse".

    Incidentally, CBS was successful in registering "Mighty Mouse" as a trademark for computer mice in some other countries, including Canada, although Apple nevertheless chose to change its product name internationally.
  • Reply 25 of 53
    superdxsuperdx Posts: 67member
    Quote:
    Originally Posted by SolipsismX View Post


    They've done it at least once. I-O Data owns the right to the trademark in Japan.I don't recall if there was a lawsuit.



    Good example. There's a few of these in Japan.



    Anyways, even if this ruling is against Apple, they can still appeal further up the court chain. It's not likely Proview is in a situation to hold out that long. These negotiations are basically being run by the banks. They may count every penny but Apple has a nuclear option up its sleeve - just tell its suppliers not to use those banks.



    Corporate capital & finance is a huge business. And even at $2B it tiny compared to just the payroll of Apple's suppliers without considering land, rent and other financial investments and instruments that go along with hundreds (thousands?) of businesses & factories in China.
  • Reply 26 of 53
    ezduzitezduzit Posts: 158member
    i'm sure that i'm not first:



    eyePad
  • Reply 27 of 53
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by alienzed View Post


    This is getting ridiculous and AI, please stop saying that iPad sales might be halted altogether, that is never going to happen. Apple will change the name of their product if that was ever a possibility.



    Or Apple will just stop selling in China and move production elsewhere.



    As for a settlement, the only one Apple will go to is the one where Proview admits they sold the rights, hands out proof they did proper transfers and apologizes. They are hoping that Apple will just give up and pay them more money but Apple contends they are in the right and those in the right don't just give up.
  • Reply 28 of 53
    charlitunacharlituna Posts: 7,217member
    Quote:
    Originally Posted by anantksundaram View Post


    Has never happened before, unlikely to happen now (or ever).



    That's not entirely true. Apple has changed the name of products for certain areas when the trademark owners didn't want to sell. I believe it was Airport that was owned by someone in Japan that refused to sell so in Japan it is called the AirMac, MacPort or something like that.



    But in the case of something Apple says they bought, well that has never happened so we have no precedent but I would agree that Apple won't simply change the name. To do so would be seen as admitting they have no right to it.
  • Reply 29 of 53
    Apple should do what Prince did during his legal battles and call the thing The Tablet formally known as the iPad.





    That was awesome
  • Reply 30 of 53
    Quote:
    Originally Posted by SolipsismX View Post


    Except for the formal negotiations where you sold the iPad trademark to Apple.



    Heh...if the court were to "void" that transaction, I wonder if Proview could come up with the $55,000 to refund to Apple.
  • Reply 31 of 53
    trymeetrymee Posts: 7member
    Quote:
    Originally Posted by charlituna View Post


    That's not entirely true. Apple has changed the name of products for certain areas when the trademark owners didn't want to sell. I believe it was Airport that was owned by someone in Japan that refused to sell so in Japan it is called the AirMac, MacPort or something like that.



    But in the case of something Apple says they bought, well that has never happened so we have no precedent but I would agree that Apple won't simply change the name. To do so would be seen as admitting they have no right to it.



    Apple's 'Rendezvous' was renamed 'Bonjour' due to patent litigation. While it may not be a physical product, it is an Apple brand. However, iPad is arguably Apple's most high profile brand, you will pick up the telephone and get a direct line to your deity before they change the name.
  • Reply 32 of 53
    ljocampoljocampo Posts: 657member
    Wow didn't I read this same article once, twice, three times??? Must be a spacial time lapse or something.
  • Reply 33 of 53
    rabbit_coachrabbit_coach Posts: 1,114member
    Quote:
    Originally Posted by tylerk36 View Post


    Hey iTablet. Good one.



    Or just iPud so the Basic appearance of the logo remains the same. And as far as I searched it is not being used exept in abbreviations like polyurethan dispersion or Public Utility district and an ancient russian unit to measure mass. My guess is, that in China the meaning won't really matter, but the looks always matter.



    But first Apple will hopefully crush them by legal means. They will have a hard time to pay back all the lawers.I don't know about China, but in Japan Mr. Yang would definitely loose some joints of his fingers.
  • Reply 34 of 53
    macarenamacarena Posts: 364member
    Hey Proview...



    Could you just hold your breath till Apple comes to the negotiating table?



    We could use a few less of scumbags like you in this world!
  • Reply 35 of 53
    Russian roulette for Apple:



    Negotiate through gritted teeth now and buy the naming rights for say $1bn.



    Or risk losing the case and see the price rocket and the name become available to the highest bidder.
  • Reply 36 of 53
    On a different note, the bridge that is pictured on ProView's site is located in Charleston, S.C. (http://en.wikipedia.org/wiki/Arthur_Ravenel_Jr._Bridge). Kinda weird that a company all around the world would post a picture of a bridge right down the street, lol.



    Also, I would guess that this will work out either way for apple: either through court with some lawyer fees, or through a settlement with some much higher costs.
  • Reply 37 of 53
    pendergastpendergast Posts: 1,358member
    Quote:
    Originally Posted by AdeFowler View Post


    Russian roulette for Apple:



    Negotiate through gritted teeth now and buy the naming rights for say $1bn.



    Or risk losing the case and see the price rocket and the name become available to the highest bidder.



    If you're going to post two scenarios, why choose the two that are the most far fetched?
  • Reply 38 of 53
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by AdeFowler View Post


    Russian roulette for Apple:



    Negotiate through gritted teeth now and buy the naming rights for say $1bn.



    Or risk losing the case and see the price rocket and the name become available to the highest bidder.



    I don't see Apple paying them $1 B. Maybe another million or two to avoid legal costs. Apple would rather change the name in China.



    Quote:
    Originally Posted by BigBillyGoatGruff View Post


    Heh...if the court were to "void" that transaction, I wonder if Proview could come up with the $55,000 to refund to Apple.



    Good point. Although if Proview does win, they could probably get their legal expenses covered - so Apple could just subtract $55 K from the legal expenses they'd have to pay. Now, if Apple could prove that the banks are funding the litigation, they might be able to recover it, but it's unlikely that the banks are so obviously involved.



    Quote:
    Originally Posted by charlituna View Post


    That's not entirely true. Apple has changed the name of products for certain areas when the trademark owners didn't want to sell. I believe it was Airport that was owned by someone in Japan that refused to sell so in Japan it is called the AirMac, MacPort or something like that.



    But in the case of something Apple says they bought, well that has never happened so we have no precedent but I would agree that Apple won't simply change the name. To do so would be seen as admitting they have no right to it.



    Apple will probably appeal to the extent of their ability, but they're not going to pay an unreasonable amount of money for a name that they already bought. If they lose all the appeals, they'll change the name.



    Quote:
    Originally Posted by charlituna View Post


    Or Apple will just stop selling in China and move production elsewhere.



    Not a chance. Please stop suggesting silly things.



    Quote:
    Originally Posted by superdx View Post


    Good example. There's a few of these in Japan.



    Anyways, even if this ruling is against Apple, they can still appeal further up the court chain. It's not likely Proview is in a situation to hold out that long. These negotiations are basically being run by the banks. They may count every penny but Apple has a nuclear option up its sleeve - just tell its suppliers not to use those banks.



    Corporate capital & finance is a huge business. And even at $2B it tiny compared to just the payroll of Apple's suppliers without considering land, rent and other financial investments and instruments that go along with hundreds (thousands?) of businesses & factories in China.



    It doesn't matter if Proview can hold out that long. The company has already been shut down and is no longer burning cash except for their legal fees. The banks are undoubtedly the ones paying the legal fees - and they will be around long enough to see this through.



    Quote:
    Originally Posted by sennen View Post


    Zero chance that these units will be back in shops when these earlier rulings are completely overturned.



    True. Apple could sue Proview to recover the stolen units, but that wouldn't go anywhere. Apple could also sue the police departments who took the units for not keeping them in a secure location, but, again, that's not likely to go anywhere. In any event, the cost of those units is undoubtedly tiny compared to the cost of the litigation.



    The biggest cost is that Apple may decide to slow down shipments into China until the matter is resolved. If they happen to have 1 million iPads in retailers' hands in China when a final decision goes against them, all of those units could be confiscated. So it is to Apple's advantage to have fewer units in retailers' hands at any one time. That needs to be balanced against the fact that they can't sell them if they're not in retailers' hands. I wouldn't be surprised to see retailers start waiting lists so that they're sold as soon as they're received, minimizing the stock levels.
  • Reply 39 of 53
    rob55rob55 Posts: 1,280member
    Quote:
    Originally Posted by AdeFowler View Post


    Russian roulette for Apple:



    Negotiate through gritted teeth now and buy the naming rights for say $1bn.



    Or risk losing the case and see the price rocket and the name become available to the highest bidder.



    Who out there, Samsung included, would be willing to pay $2B for the trademark to the name iPad in just one country? Let's not forget that the trademark is not being challenged for any other country. And, if it were to go up for grabs and Samsung were to buy it, it would make for one hell of an unusual situation where the iPad throughout the world except China would be Apple's product and in China it would be Samsung's. Never gonna happen.
  • Reply 40 of 53
    Quote:
    Originally Posted by Pendergast View Post


    If you're going to post two scenarios, why choose the two that are the most far fetched?



    I doubt Apple will lose this cased based on what we know, but I wouldn't rule out the possibility.
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