Apple looking to settle with Proview in 'iPad' trademark dispute - report
Attorneys for Proview claim that progress is being made in the company's ongoing trademark dispute with Apple over the "iPad" name, suggesting that the company now plans to settle out of court.
Xie Xianghui, an attorney that represents Proview in the city of Shenzhen, spoke with China's Xinhua this week, and claimed that the two sides have discussed a compensation package. Apple is even said to have gone as far as proposing a settlement sum that it believes would be fair, though Proview has not agreed to any deals.
"We feel the attitude of Apple Inc. has changed," Xie said. "Although they expressed they were willing to negotiate, they have never taken any actions before, but now they are having conversations with us, and we have begun to consult ont he case."
The attorney said he believes it would be beneficial for both Apple and Proview if a settlement were to be reached "as soon as possible" between the two parties. Monday's report included analysis from a Chinese intellectual property lawyer who said it's likely Proview would eventually win its lawsuit against Apple, but receiving compensation could take many years.
Xie has been talking up the prospect of a settlement for months, as the attorney said back in February that his company was ready to engage in talks with Apple. Another lawyer representing Proview said in April that it is "likely" that Proview will reach an out-of-court settlement with Apple.
Reports even surfaced weeks ago that Apple was already in talks with Proview to settle the ongoing iPad trademark dispute. However, since then there has been no indications of ongoing talks between the two companies.
Proview Shenzhen has asserted in legal filings, including one U.S. suit, that Apple acted "with oppression, fraud and/or malice," when it used a proxy company, U.K.-based IP Application Development, Ltd., to buy the rights to the "IPAD" name. Those rights were purchased from a Taiwanese affiliate in 2009 for a reported 35,000 British pounds, or $55,000.
Proview has argued that Apple acted fraudulently to acquire the iPad trademark, and that the purchase is void because Proview Shenzhen didn't authorize its affiliate to sell the 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.
Xie Xianghui, an attorney that represents Proview in the city of Shenzhen, spoke with China's Xinhua this week, and claimed that the two sides have discussed a compensation package. Apple is even said to have gone as far as proposing a settlement sum that it believes would be fair, though Proview has not agreed to any deals.
"We feel the attitude of Apple Inc. has changed," Xie said. "Although they expressed they were willing to negotiate, they have never taken any actions before, but now they are having conversations with us, and we have begun to consult ont he case."
The attorney said he believes it would be beneficial for both Apple and Proview if a settlement were to be reached "as soon as possible" between the two parties. Monday's report included analysis from a Chinese intellectual property lawyer who said it's likely Proview would eventually win its lawsuit against Apple, but receiving compensation could take many years.
Xie has been talking up the prospect of a settlement for months, as the attorney said back in February that his company was ready to engage in talks with Apple. Another lawyer representing Proview said in April that it is "likely" that Proview will reach an out-of-court settlement with Apple.
Reports even surfaced weeks ago that Apple was already in talks with Proview to settle the ongoing iPad trademark dispute. However, since then there has been no indications of ongoing talks between the two companies.
Proview Shenzhen has asserted in legal filings, including one U.S. suit, that Apple acted "with oppression, fraud and/or malice," when it used a proxy company, U.K.-based IP Application Development, Ltd., to buy the rights to the "IPAD" name. Those rights were purchased from a Taiwanese affiliate in 2009 for a reported 35,000 British pounds, or $55,000.
Proview has argued that Apple acted fraudulently to acquire the iPad trademark, and that the purchase is void because Proview Shenzhen didn't authorize its affiliate to sell the 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.
Comments
Two weeks after a Chinese court proposed a settlement between Apple and Proview over a disputed trademark, a Chinese government newswire report suggests Apple is pushing for its own settlement in a bid to close the complaint.
Proview lawyer Xie Xianghui told China's government newswire: "We feel that the attitude of Apple Inc. has changed. Although they expressed that they were willing to negotiate, they have never taken any action before."
http://news.cnet.com/8301-13579_3-57428929-37/apple-ready-to-settle-in-ipad-trademark-dispute/
Quote:
Originally Posted by AppleInsider
"We feel the attitude of Apple Inc. has changed," Xie said. "Although they expressed they were willing to negotiate, they have never taken any actions before, but now they are having conversations with us, and we have begun to consult ont he case."
So much for all the folks who claimed that Apple would never settle, because they had an open and shut case. "Proview is all one guy!" Heh.
My prediction has always been that Apple would settle for an undisclosed sum.
When operating in a lawless place like China, paying off the right people (in this case the Chinese government that made bad loans to Proview through government controlled banks) is just the cost of doing business. I would like to think at some point the extra costs of corruption and threat to IP will offset cheap labor in companies' calculations for off-shoring production, design and investment. I'm probably being too optimistic.
Quote:
Originally Posted by JollyPaul
When operating in a lawless place like China, paying off the right people (in this case the Chinese government that made bad loans to Proview through government controlled banks) is just the cost of doing business. I would like to think at some point the extra costs of corruption and threat to IP will offset cheap labor in companies' calculations for off-shoring production, design and investment. I'm probably being too optimistic.
Another huge factor, in addition to the cost of labor and the extrinsic costs of doing business in China, is the cost of energy.
The US has cheap energy prices compared to China. At some point, the energy and other savings are predicted to increase domestic manufacturing.
Quote:
Originally Posted by I am a Zither Zather Zuzz
So much for all the folks who claimed that Apple would never settle, because they had an open and shut case. "Proview is all one guy!" Heh.
My prediction has always been that Apple would settle for an undisclosed sum.
Of course Apple would settle. And by "settle" meaning paying Proview a fraction of what they're asking.
When Proview says "progress" is being made I doubt it's because Apple is shifting their position. More likely Proview realizes they aren't going to get anywhere near what they are asking and have come to the conclusion they need to be satisfied with less.
If it's undisclosed I bet the reason is Proview doesn't want to lose face by letting people see how little they got, rather than Apple trying to hide how much they overpaid.
Can you say, "saving face"?
Hmmm... So Proview's lawyer is admitting that he was lying earlier when he said that Proview was in negotiations with Apple....
Why should we believe that he's telling the truth now?
Quote:
Originally Posted by jragosta
Why should we believe that he's telling the truth now?
Because settlement is the best path for Apple, given the legal situation?
Quote:
Originally Posted by I am a Zither Zather Zuzz
Because settlement is the best path for Apple, given the legal situation?
The legal situation that we've been over dozens of times and have shown to have always been legal and in Apple's favor that you hilariously continue to ignore, you mean?
By "settlement", he probably means he will drop his case in exchange for Apple not pursuing criminal fraud charges and allowing him to avoid summary execution ordered by the Chinese "justice" system.
Quote:
Originally Posted by Tallest Skil
Quote:
Originally Posted by I am a Zither Zather Zuzz
Because settlement is the best path for Apple, given the legal situation?
The legal situation that we've been over dozens of times and have shown to have always been legal and in Apple's favor that you hilariously continue to ignore, you mean?
No, not that one. I'm referring to Apple being bamboozled into paying a company that did not own the Chinese trademark, despite the true owner being listed in the Chinese trademark registry.
Seemingly, apple was defrauded. That is an equitable argument. Legally, Proview has the upper hand.
Quote:
Originally Posted by I am a Zither Zather Zuzz
So much for all the folks who claimed that Apple would never settle, because they had an open and shut case. "Proview is all one guy!" Heh.
My prediction has always been that Apple would settle for an undisclosed sum.
Up until the settlement, companies always keep up the talk. At times, they even let it come to trial (or at least a scheduled trial) before settling. My guess is the "undisclosed sum" will be relatively small (of course, we won't know for sure). Someone at Apple messed up and didn't read the fine print. The "Proview is all one guy" argument was blustering to let Proview know they wouldn't just cave easily.
Apple should pay $2 Million which should cover court costs and legal fees and then charge Proview for making a product that looks like an Apple iMac (first generation). Both parties can go home, have a nice tall glass of cream soda and have a nice day.
Quote:
Originally Posted by JollyPaul
When operating in a lawless place like China, paying off the right people (in this case the Chinese government that made bad loans to Proview through government controlled banks) is just the cost of doing business. I would like to think at some point the extra costs of corruption and threat to IP will offset cheap labor in companies' calculations for off-shoring production, design and investment. I'm probably being too optimistic.
You don't see much "off-shoring" of design. When it's done, design is typically "off-shored" to the U.S. by other countries.
Quote:
Originally Posted by boredumb
Can you say, "saving face"?
I don't see how this is anything to do with "saving face" on either party's part. "Settling" is also not a loss per se and is pretty much standard procedure in cases like this.
Anyone who said Apple would "never settle" was just engaging in a little useless bravado methinks. Either that or they don't really understand or are familiar with, the law.
What's that got to do with the fact that Proview's lawyer just admitted that he was lying earlier?
Quote:
Originally Posted by jragosta
Quote:
Originally Posted by I am a Zither Zather Zuzz
Because settlement is the best path for Apple, given the legal situation?
What's that got to do with the fact that Proview's lawyer just admitted that he was lying earlier?
You need to demonstrate that to be the case. I don'r really know what facts you are relying on.
Quote:
Originally Posted by jragosta
What's that got to do with the fact that Proview's lawyer just admitted that he was lying earlier?
Now, now, since when has ZZZ ever used factual logic to defend an opinion? ZZZ always runs deflectors on full power after dropping the usual class of opinion.
Just sayin'...