I call this BS...the name "iPad" itself isn't worth more than what Apple paid already. The name doesn't sell itself...great products do. I thought our laws are silly here, I guess it's the same BS everywhere....and they want 1.6 billion in damages??? What could they have made with that name with their own product in 2 years??? Just absurd for this stuff to even get to court....people need to apply common sense to this stuff. Can Apple sue them for a lose if iPad suck??? WE can sue people for their success but not the other way around??? OMFG, CRAZY WORLD!
Absolutely... quickly transfer all manufacture to the new and future factories in Brazil and then the products can be tagged "Made in The Americas" which will go down a lot better with most people.
I call this BS...the name "iPad" itself isn't worth more than what Apple paid already. The name doesn't sell itself...great products do. I thought our laws are silly here, I guess it's the same BS everywhere....and they want 1.6 billion in damages??? What could they have made with that name with their own product in 2 years??? Just absurd for this stuff to even get to court....people need to apply common sense to this stuff. Can Apple sue them for a lose if iPad suck??? WE can sue people for their success but not the other way around??? OMFG, CRAZY WORLD!
Well, Apple might then just change the name and get away with it.
Apple needs to move out of China. Those MF have no morals. Of course the Chinese courts will side with a Chinese company. They want that money to stay in China.*
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
Apple's shaking in their boots. If these guys have a legit case, which is a possibility, you never know, Apple should just pay them and move on.
If it's the lower fine which is basically a wrist slap, sure I could see them paying. But some big multi billion dollar fine, which has with it the implication that Apple admits they were wrong. No way.
I could see Apple willing to pay for the rights from this branch company, but not some wild and crazy amount based on today's value for the name. Because they acted in good faith and weren't told about this ownership issue until it was found out that Apple was involved and the name was (in the eyes of Proview) under valued.
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
Let's make it simpler. I say Apple literally ignores the lawsuit. Pretend it doesn't exist. Or, as another poster said, just keep it going until the other company shrivels.
No matter what, Apple will lose this case in China, and I can bet the Chinese judge is going to get a hefty sum of that $38M... whoops, did I just say something wrong...
"ok Mr. China corrupt court. We will pay your fine of 38M but let it be know we will be moving all our manufacturing operations over to Brazil in the next few years because we don't like doing business in a country overrun by courruption . However, We may consider staying if you give us a tax break of 10 Billion dollars."
*An “apology” for buying the trademark from the parent company "Proview Electronics" and not ALSO buying it from the subsidiary "Proview Technology”? If there’s truly some legal reason to buy the name twice from the same company, how did the parent company not make that clear at the start, and why is this labyrinthine technicality a matter for an "apology"?
Good post. It really clarifies the absurdity of Proview's position.
the quote "Made in the Americas" priceless, because many people would not notice the "s" on the end , assume it is USA, north america, Not Sourh America.
not sure if that would be technically accurate, due the fact products don't say "Made in Asia"...
funny, but "Made in Americas" could be deemed deceptive.
All of you folks spouting righteous indignation over this should give your heads a shake. You may all be right, fair and just, and it will still matter not a whit.
The question is: does Apple want to do business in China? If so, and I think it's obvious they do, then they just have to suck up these inequities and move on.
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
I agree with you in that I think the lawsuit is bogus but the actions you propose that Apple should take are just plain asinine.
Comments
Dear China,
You've stolen billions of dollars of intellectual property over several decades from us. Go F yourself.
Sincerely,
America
indeed
Absolutely... quickly transfer all manufacture to the new and future factories in Brazil and then the products can be tagged "Made in The Americas" which will go down a lot better with most people.
Made in America without the S would be enough.
I call this BS...the name "iPad" itself isn't worth more than what Apple paid already. The name doesn't sell itself...great products do. I thought our laws are silly here, I guess it's the same BS everywhere....and they want 1.6 billion in damages??? What could they have made with that name with their own product in 2 years??? Just absurd for this stuff to even get to court....people need to apply common sense to this stuff. Can Apple sue them for a lose if iPad suck??? WE can sue people for their success but not the other way around??? OMFG, CRAZY WORLD!
Well, Apple might then just change the name and get away with it.
Oh, would it be that costly???
Or do a Samsung and change the name to ChinaPad.
If they have enough reasons,
.
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
Apple's shaking in their boots. If these guys have a legit case, which is a possibility, you never know, Apple should just pay them and move on.
If it's the lower fine which is basically a wrist slap, sure I could see them paying. But some big multi billion dollar fine, which has with it the implication that Apple admits they were wrong. No way.
I could see Apple willing to pay for the rights from this branch company, but not some wild and crazy amount based on today's value for the name. Because they acted in good faith and weren't told about this ownership issue until it was found out that Apple was involved and the name was (in the eyes of Proview) under valued.
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
Let's make it simpler. I say Apple literally ignores the lawsuit. Pretend it doesn't exist. Or, as another poster said, just keep it going until the other company shrivels.
dear china,
you've stolen billions of dollars of intellectual property over several decades from us. Go f yourself.
Sincerely,
america
Maybe China should focus on their human rights record and how they've unfairly devalued their currency
Dear China,
You've stolen billions of dollars of intellectual property over several decades from us. Go F yourself.
Sincerely,
America
They trademarked the English word "iPad" in China? Ermm... ok.
That was my first reaction. I guess "iPad" means something else in Chinese...oh wait it doesn't mean ANYTHING in Chinese.
*An “apology” for buying the trademark from the parent company "Proview Electronics" and not ALSO buying it from the subsidiary "Proview Technology”? If there’s truly some legal reason to buy the name twice from the same company, how did the parent company not make that clear at the start, and why is this labyrinthine technicality a matter for an "apology"?
Good post. It really clarifies the absurdity of Proview's position.
not sure if that would be technically accurate, due the fact products don't say "Made in Asia"...
funny, but "Made in Americas" could be deemed deceptive.
The question is: does Apple want to do business in China? If so, and I think it's obvious they do, then they just have to suck up these inequities and move on.
Frankly this thing reeks of the owners playing a game because they know the court is more likely to side with them. It's like filing in the East District of Texas which always seems to side with the group that filed the suit even if they are actually in the wrong (as later proven by a string of appeals).
Proview sold the Global Rights to this IP Development (or whatever it was called). Which was later proven to be either a front for Apple or always intending to sell to Apple. then once they knew they had 'been had' they suddenly jump up and say that no they sold the global rights to the areas that the company had the rights to which doesn't include China cause that area is owned by a branch company. And that company is refusing to play ball with Apple.
Basically they implied something that wasn't true once they found out that they might have been able to make more money. they didn't act in good faith etc. But the Chinese court isn't likely to see it that way.
Frankly I think that Apple should just not sell the iPad in China. Under any name. They should also prohibit shipments by any authorized resellers to China and allow the government to ban persons from bringing in iPads. That solves that issue right there. Then when Proview decides that they didn't really play nice and is willing to settle the whole thing, China can get back the iPad. And if someone tries to sell a clear knockoff using that iPad name, Apple should sue with strong implications that they will do whatever it takes to get all of their production out of China even if they have to take a loss of basically all profit for the next ten years to do it. AND they are going to call for all other US tech companies to join them in getting out of China (for a multitude of reasons). Then I bet the government won't be so quick to vote for the home team.
I agree with you in that I think the lawsuit is bogus but the actions you propose that Apple should take are just plain asinine.