Apple to take Chinese iPhone trademark fight to Supreme People's Court

Posted:
in iPhone
Apple will continue challenging a recent ruling on the use of the "iPhone" trademark in China, taking the case to the country's Supreme People's Court, the company said in a Thursday press statement.




"We intend to request a retrial with the Supreme People's Court and will continue to vigorously protect our trademark rights," the company told the South China Morning Post, quoted by CNBC.

In March the company lost an appeal with the Beijing Municipal High People's Court, at least temporarily allowing leather goods maker Xintong Tiandi to continue producing products branded under the "IPHONE" name, such as cellphone cases.

In its Thursday statement, Apple added that it was "disappointed" in the lower court ruling, and claimed it had succeeded in several past legal actions against Xintong Tiandi.

The current matter dates back to 2013, when an Apple complaint was rejected on the basis that the company couldn't prove the iPhone name was well known prior to Xintong's registration in 2007. This view was upheld in the recent appeal, with the further observation that Apple's iPhone wasn't sold in mainland China until 2009.

Trademarks and copyrights are semi-regular problems for Apple in China, perhaps the most famous incident being when Apple was forced to pay $60 million to settle a dispute over the "iPad" name.

Comments

  • Reply 1 of 12
    igorskyigorsky Posts: 755member
    "Trademarks and copyrights are REGULAR problems for ANY FOREIGN COMPANY in China". Fixed.
    edited May 2016
  • Reply 2 of 12
    wood1208wood1208 Posts: 2,913member
    Best way to screw foreign companies. Chinese government behind strategy to provide cheap manufacturing, learn tech and than slowly get rid off giving trouble like slow poison. Than sell same products in countries who follow open market policy like USA.
    ceek74
  • Reply 3 of 12
    quadra 610quadra 610 Posts: 6,757member
    "The Supreme People's Court."

    Judge Mei-Lin Mi-Lian presiding.
  • Reply 4 of 12
    So wait... They make leather cases for iPhones ...a case to put an iPhone inside of ...and the Chinese government says the case maker owns the trademark for iPhone!?!
  • Reply 5 of 12
    wood1208wood1208 Posts: 2,913member
    So wait... They make leather cases for iPhones ...a case to put an iPhone inside of ...and the Chinese government says the case maker owns the trademark for iPhone!?!
    Same shit as Ipad trademark. The company sold it and than turned around and said that was our subsidiary who sold it so ok out side of China but not valid in China and court went along with it. In USA, if any company mangement agree than company respect it and law will do same. In China, if outsider, you got different rules.
  • Reply 6 of 12
    VisualSeedVisualSeed Posts: 217member
    sog35 said:
    Google is laughting at Apple right now.  Google dont give a shit about China, while China had Apples balls in a vice.  Google continues to act as parasite and makes 75% of their mobile advertising revenue from iOS users.

    Absolutely pathetic that Apples biggest rival is getting 75% of their mobile revenue from them. This would be like BMW getting 75% of its car sales from Lexus.

    While Apple is stressing about China factories and trademarks, Google is laughting with making massive profits off of the back of Apple. Google is now worth more than Apple. Pathetic. 
    That puts Google in a worse position than it does Apple. Simple behavior changes in users and a birth of a next generation of killer apps that are less web-centric can very quickly eat into Google's revenues.
  • Reply 7 of 12
    isteelersisteelers Posts: 738member
    "The Supreme People's Court."

    Judge Mei-Lin Mi-Lian presiding.
    That had me laughing as well. Sounds like a bad daytime court show.
  • Reply 8 of 12
    komokomo Posts: 25member
    So wait... They make leather cases for iPhones ...a case to put an iPhone inside of ...and the Chinese government says the case maker owns the trademark for iPhone!?!
    Everyone seems to forget that China is a communist country and they do what they want.
  • Reply 9 of 12
    ben20ben20 Posts: 126member
    Let's see when Apple will start to move their supply chain out of China ! There is already an excact outside copy of the iPhone on the Chinese market, just the inside parts are different and it runs on Android. China has different IP/Copyright understanding as the Western world !

    http://www.businessinsider.com/super-cheap-iphone-6-clone-china-2014-12
  • Reply 10 of 12
    tkell31tkell31 Posts: 216member
    Save that buyback money for when the shares are in the high 70s.  Be here before the end of the summer whether they do or don't so might as well retire more shares.
  • Reply 11 of 12
    gatorguygatorguy Posts: 24,213member
    sog35 said:
    Google is laughting at Apple right now.  Google dont give a shit about China, while China had Apples balls in a vice.  Google continues to act as parasite and makes 75% of their mobile advertising revenue from iOS users.

    Absolutely pathetic that Apples biggest rival is getting 75% of their mobile revenue from them. This would be like BMW getting 75% of its car sales from Lexus.

    While Apple is stressing about China factories and trademarks, Google is laughting with making massive profits off of the back of Apple. Google is now worth more than Apple. Pathetic. 
    Reuters is reporting this morning that Mr. Cook will be traveling to China for discussions with government officials. 

    "Cook plans to meet senior government and Communist Party leaders - including officials in charge of propaganda, said the source, who declined to be named as the plan is not public yet...  Apple's online book and film services were shut in China last month, cutting off a potential source of income, following Beijing's introduction of regulations in March imposing strict curbs on online publishing, particularly for foreign firms.

    Under President Xi Jinping, China is also trying to shift away from its dependence on foreign technology...  The Chinese government could "come in and make it very difficult for Apple to sell there," Icahn said in the interview with CNBC last week.

    Apple's refusal to cooperate with the U.S. authorities to provide source code to help them crack open the iPhone that was linked to a mass shooting in San Bernardino also has raised skepticism among some Chinese officials."

    http://www.reuters.com/article/us-apple-china-exclusive-idUSKCN0XX0NY







    edited May 2016
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