Proview says no settlement negotiations yet with Apple over iPad trademark

Posted:
in iPad edited January 2014


Proview's lawyer has revealed that the company is still hoping Apple will get in contact to begin out-of-court negotiations for a settlement in the ongoing legal disagreement over ownership of the Chinese iPad trademark.



The three-judge panel for the Higher People's Court of Guangdong asked Proview and Apple whether they wished to settle during a hearing on Thursday, but, according to Roger Xie, Proview's lawyer, Apple has yet to come to the table.



“Up to now, we didn’t have any formal negotiations with Apple,” Xie said in an interview. “I hope they will positively contact us and make an appointment with us about formal negotiations out of court. It would be useful.”



Earlier this week, representatives for Apple and Proview exchanged arguments in court. Apple maintains that it did in fact purchase the rights to the Chinese "iPad" trademark and that Proview refuses to uphold its end of the bargain. Proview claims that the deal was never properly made, as it argues that representatives from its Shenzhen subsidiary, which controls the mark, were not present when the agreement was signed.



Proview has set its hopes on a win against Apple to help keep it afloat. The company was at one point a prominent monitor maker, but it has struggled in recent years and is in danger of being delisted from the Hong Kong stock exchange. Various reports suggest Proview is looking for as much as $2 billion in damages from Apple.











A Shanghai court sided in favor of Apple last week. However, a lower court ruling from last November came down on Proview's side.



Apple has threatened Proview with a defamation countersuit, alleging that the company's founder has been making inaccurate statements to the press. For its part, Proview has filed a U.S. complaint against Apple accusing the company of fraud and unfair competition. The company alleges that Apple tricked Proview by using a front company to purchase the mark under "false pretext."



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.





Chinese officials inspect iPad 2 units after confiscating them. | Credit: Hebei Youth Daily







The lawsuit has high stakes for Apple, as iPad sales are growing rapidly in China. The Cupertino, Calif., company is also gearing up to unveil a third-generation iPad at a media event next week. Depending on how Apple fares in court against Proview, the next-gen iPad could potentially be blocked from sale in the country.



[ View article on AppleInsider ]

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Comments

  • Reply 1 of 53
    tallest skiltallest skil Posts: 43,399member
    Quote:
    Originally Posted by Picture Caption


    "Ah, see this, where it says 'Display Model'? We can't resell them now. People won't buy display models because they'll automatically think they were stolen."



    "But… we did steal them."



    "Yes, but Americans are more hesitant to buy stolen products than you'd think."



    Also, see how the security thing is still on it and the cable dangles down and abruptly cuts off? They just tore it right off the table, didn't they?
  • Reply 2 of 53
    solipsismxsolipsismx Posts: 19,566member
    Quote:
    Originally Posted by AppleInsider View Post


    P“Up to now, we didn’t have any formal negotiations with Apple,” Xie said in an interview. “I hope they will positively contact us and make an appointment with us about formal negotiations out of court. It would be useful."



    Except for the formal negotiations where you sold the iPad trademark to Apple.
  • Reply 3 of 53
    alienzedalienzed Posts: 393member
    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.
  • Reply 4 of 53
    kokorokokoro Posts: 1member
    I wouldn't negotiate a thing, I would take it to court and if I lost I would tell Proview that I hope they choke on the name and they can keep it. I'd then utilize a secondary name that I had cleverly gotten ready.
  • Reply 5 of 53
    cpsrocpsro Posts: 2,825member
    Proview clearly doesn't know Apple. Or think rationally.
  • Reply 6 of 53
    buzzzbuzzz Posts: 84member
    Apple should do what Prince did during his legal battles and call the thing The Tablet formally known as the iPad.
  • Reply 7 of 53
    SpamSandwichSpamSandwich Posts: 33,408member
    If Chinese courts aren't a complete joke, this will be dismissed and Proview will get nothing.
  • Reply 8 of 53
    MacProMacPro Posts: 19,308member
    Quote:
    Originally Posted by Buzzz View Post


    Apple should do what Prince did during his legal battles and call the thing The Tablet formally known as the iPad.



    How about 'iPad' in Chinese? I seriously wonder if Proview thought to patent that.
  • Reply 9 of 53
    nasseraenasserae Posts: 3,166member
    Man these guys are desperate!
  • Reply 10 of 53
    tylerk36tylerk36 Posts: 1,037member
    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.



    I guess one could change it to ePad.
  • Reply 11 of 53
    tylerk36tylerk36 Posts: 1,037member
    Quote:
    Originally Posted by Buzzz View Post


    Apple should do what Prince did during his legal battles and call the thing The Tablet formally known as the iPad.



    Hey iTablet. Good one.
  • Reply 12 of 53
    tylerk36tylerk36 Posts: 1,037member
    Quote:
    Originally Posted by Kokoro View Post


    I wouldn't negotiate a thing, I would take it to court and if I lost I would tell Proview that I hope they choke on the name and they can keep it. I'd then utilize a secondary name that I had cleverly gotten ready.



    How about eYePad
  • Reply 13 of 53
    buzzzbuzzz Posts: 84member
    Quote:
    Originally Posted by digitalclips View Post


    How about 'iPad' in Chinese? I seriously wonder if Proview thought to patent that.



    I read that there are some 60 different versions of the name Facebook registered in China in both English and Chinese, so chances are very good that somebody already has. It just may not be Proview.
  • Reply 14 of 53
    cmvsmcmvsm Posts: 204member
    Seems at every step, Proview is throwing around that it is open to negotiations. You only mention it this many times if you have a losing hand. I hope that Apple chokes this little good for nothing, dead monitor company to death, and the return lawsuits go beyond that of the corporate protections.
  • Reply 15 of 53
    sunilramansunilraman Posts: 8,133member
    Hole. Digging. Out.
  • Reply 16 of 53
    sunilramansunilraman Posts: 8,133member
    Quote:
    Originally Posted by cmvsm View Post


    Seems at every step, Proview is throwing around that it is open to negotiations. You only mention it this many times if you have a losing hand. I hope that Apple chokes this little good for nothing, dead monitor company to death, and the return lawsuits go beyond that of the corporate protections.



    Interesting, "throwing around" is a good term, similar to monkeys and certain biological matter.



    Quote:
    Originally Posted by Tallest Skil View Post


    Also, see how the security thing is still on it and the cable dangles down and abruptly cuts off? They just tore it right off the table, didn't they?



    Good find. Those are typical security cables, clearly they stormed the Apple resellers and ripped off the demo iPads as well as the iPad stock.
  • Reply 17 of 53
    Quote:
    Originally Posted by Buzzz View Post


    Apple should do what Prince did during his legal battles and call the thing The Tablet formally known as the iPad.



    hahahahah.



    or something like





    iPad

    this use to be named
  • Reply 18 of 53
    Quote:
    Originally Posted by sunilraman View Post


    Interesting, "throwing around" is a good term, similar to monkeys and certain biological matter.












    What makes this so really, really funny is how it is stated so politely! I never heard anything so droll!



    "Certain biological matter"! You sound like one of those wiseguys on a TV cop show!
  • Reply 19 of 53
    Quote:
    Originally Posted by cmvsm View Post


    Seems at every step, Proview is throwing around that it is open to negotiations. You only mention it this many times if you have a losing hand. I hope that Apple chokes this little good for nothing, dead monitor company to death, and the return lawsuits go beyond that of the corporate protections.



    Apple has a mountain of cash, so high it can be seen from China. It's no surprise that it might attract some extortionists like Proview. For Proview, it's 2 Billion or nothing since the company goes broke with anything less. Apple will never pay that amount, and Proview's creditors are running out of patience. The clock is ticking and it's not Proview's friend.
  • Reply 20 of 53
    anantksundaramanantksundaram Posts: 20,183member
    Quote:
    Originally Posted by alienzed View Post


    Apple will change the name of their product if that was ever a possibility.



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