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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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
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
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.
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.
Comments
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.
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.
- http://www.apple.com/jp/airmacexpress/
I don't recall if there was a lawsuit.They've done it at least once. I-O Data owns the right to the trademark in Japan.
- http://www.apple.com/jp/airmacexpress/
I don't recall if there was a lawsuit.there was also the Mighty Mouse, that got renamed eventually.
there was also the Mighty Mouse, that got renamed eventually.
Oh yeah!
They've done it at least once. I-O Data owns the right to the trademark in Japan.
- http://www.apple.com/jp/airmacexpress/
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.
eyePad
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.
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.
That was awesome
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.
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.
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.
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!
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.
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.
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?
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.
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.
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.
Or Apple will just stop selling in China and move production elsewhere.
Not a chance. Please stop suggesting silly things.
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.
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.
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.
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.