Hong Kong court sided with Apple in iPad trademark dispute with Proview
The Wall Street Journal uncovered a "not previously reported" court decision from the High Court of the Hong Kong Special Administrative Region last July that upheld Apple's claim to the iPad trademark in mainland China.
"The court said Proview had breached an earlier agreement to transfer the iPad name to Apple," the report noted.
Court documents stated that Proview had elected not to transfer the mark after the deal was made and instead asked Apple to pay $10 million for it. The ruling determined that Proview, its subsidiaries and another company had conspired against Apple by breaching the government. The company was found to have "attempted to exploit the situation as a business opportunity," according to the documents.
"It is accordingly important that (Apple) is able to secure and obtain the China trademarks," the decision read.
After voicing public threats of legal action, Proview sued Apple late last year, alleging trademark infringement. Apple countered with its own suit in mainland China, but the court sided with Proview. An appeal from Apple is currently pending.
The company's aggressive efforts to block sales of the iPad in China have been viewed as a last-ditch attempt to drum up cash in the face of financial troubles. The company was placed in the third stage of delisting procedures on the Hong Kong Stock Exchange late last year and will reportedly be removed from the exchange in June if it is unable to turn its fate around. Chinese media highlighted the company's struggles on Thursday by publishing photos of abandoned and "devastated" Proview facilities in Southern China.
"No thoroughfare" sign at former Proview plant. | Credit: Caixin
Officials in Shijiazhuang, Hebei Province confiscated 45 iPad units last week after Proview filed a complaint with the local office for the Administration of Industry and Commerce, which has authority over trademarks. Reuters reported on Wednesday that iPads were being taking off retail shelves in multiple cities throughout the country.
Proview has even filed complaints with China's customs bureau in an attempt to block iPad units from being imported and/or shipped overseas, thereby choking off the global supply of Apple's touchscreen tablet. Customs authorities responded to Proview's request by noting that such a ban would be "difficult to implement" because of the popularity of the iPad among Chinese consumers, as well as the size of the Chinese market.
50 Comments
After having been burnt in the past in one way or another, I think Apple makes doubly sure they dot their I's and cross their T's.
It really doesn't sound like Proview has any case. The High Court of the Hong Kong Special Administrative Region seems like it's in line with what most suspected. Even if China doesn't see it the same way if I were Apple I would spend even more money paying out to Chinese officials to crush Proview than pay Proview off just to make a make a point.
After having been burnt in the past in one way or another, I think Apple makes doubly sure they dot their I's and cross their T's.
With that many products starting with a lower-case 'i' I sure hope so.
So they signed an agreement to transfer the trademark to Apple, but didn't actually go to the trademark office and do it. That clarifies things.
If that's true, the higher court should overrule. A district court might favour the locals but a higher court will prob. be more objective.
Hahahaha funny stuff
Would anyone mind terribly if I jumped up and down, screaming "I don't care! I don't care! I don't care!" in response to this?
Frankly, if iI have to face one more iWord, iI am going to dr iVe to Cupert iNo to comm iT an iDrivebiEye, in defense of what's left of the English language.
Given that our elected officials have proved themselves manifestly useless when it comes to legislating anything that actually matters, might we at least get them to forbid trademarking any word that can't be found in, say, the Scrabble dictionary?
Except of course for eCrap?. I think we really need to hang on to eCrap?. That's a definite yes to eCrap?, and a resounding no to everth iNg else.