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  • Proview Back With New Allegations Against Apple in Court
    by
    Michael Essany
    Published on 02-27-2012 02:34 PM
    16 Comments Comments


    Providing more fodder for what is quickly becoming the Silicon Valley equivalent of a daytime soap opera, Proview - the Chinese company that claims rightful ownership of the iPad moniker - is blasting Apple in court yet again.

    I mean, you didn't think this saga was over yet, did you?

    After a seesaw legal battle that shifts momentum in opposite directions as the wind blows, Apple remains in virtual no danger of losing the rights to sell the iPad in China. But that isn't going to stop Proview from pursuing every legal channel possible to apparently get something out of Apple.

    As we understand it, today Proview revised its California lawsuit against the iPad maker to reflect the latest accusation against the Cupertino-based tech juggernaut. The new allegations state that Apple has engaged in full-blown fraud and other practices that wreak of unfair competition.

    The intricacies of the new accusations are steeped in enough boring details and jargon to put a Supreme Court justice to sleep. But suffice it to say that Proview is now saying that the steps Apple took to secure the rights to use the iPad name in China were slapdash and shady.

    Proview has even retained the services of a New York-based public relations firm to handle the company's public statements, the latest of which reads: "The complaint provides evidence that the December 23, 2009 agreement that Proview Taiwan entered into was fraudulently induced by the concealment and suppression of material facts by Apple's agents, and that, as a result, the 2009 agreement is void... Once the agreement is voided for fraud, the iPad trademarks in the European Union, South Korea, Mexico, Singapore, Indonesia, Thailand, and Vietnam will revert back to Proview Taiwan."

    Source: Los Angeles Times
    This article was originally published in forum thread: Proview Back With New Allegations Against Apple in Court started by Michael Essany View original post
    Categories:
    1. Apple,
    2. iPad
    Comments 16 Comments
    1. steve-z17's Avatar
      steve-z17 - 02-27-2012, 03:17 PM
      Give it up Proview, you're just in it for the money, you could care less about the name...
    1. GooseG's Avatar
      GooseG - 02-27-2012, 03:32 PM
      Japs just never quit.

      P.S. I realize their Chinese. Humor me.
    1. jOnGarrett's Avatar
      jOnGarrett - 02-27-2012, 03:58 PM
      Quote Originally Posted by steve-z17 View Post
      Give it up Proview, you're just in it for the money, you could care less about the name...
      that's the same lie that was told about the iPhone name and iCloud. when apple decided it was ok to steal. seems like anything with an "i" at the beginning belongs to apple regardless of how old the trademark is or what its being used for.

      Proview will win in China but loose in the US.
    1. unison999's Avatar
      unison999 - 02-27-2012, 04:15 PM
      Quote Originally Posted by GooseG View Post
      Japs just never quit.

      P.S. I realize their Chinese. Humor me.


      I see the humor in there, but its not what you wanted.
      That would be "they are" or "they're".

      Quote Originally Posted by jOnGarrett View Post
      that's the same lie that was told about the iPhone name and iCloud. when apple decided it was ok to steal. seems like anything with an "i" at the beginning belongs to apple regardless of how old the trademark is or what its being used for.
      Pretty soon Will-I-Am will have to change to Will-Am to avoid litigation by Apple.
    1. lfecefl's Avatar
      lfecefl - 02-27-2012, 04:19 PM
      Apple sucks. Rooting for Proview.
    1. unison999's Avatar
      unison999 - 02-27-2012, 05:09 PM
      Quote Originally Posted by steve-z17 View Post
      Give it up Proview, you're just in it for the money, you could care less about the name...
      Proview would not have sold the name to Apple if they knew Apple was using it for iPad device, they may have leased the name to Apple but would not have sold it. Apple knows this and purposely say they are using it for "IP Application Development (IPAD)", now if Proview had a competent lawyer they would put in a none-competitive clause in the sales contract, the judge have no way to protect Apple and have to side with Proview.
    1. Darkflame's Avatar
      Darkflame - 02-27-2012, 05:10 PM
      Quote Originally Posted by lfecefl View Post
      Apple sucks. Rooting for Proview.
      I hope their claims against apple was submitted on sharp cornered sheets of paper with ugly type fonts. i''d hate for apple to turn around and sue proview for violating any patents realed to round edges are pretty fonts. Then again doesnt apple already have a patent that allows them to sue everyone else for good ideas? Since suing apple was a good idea and apple has the patents on good ideas apple should sue proview for suing apple!
    1. unison999's Avatar
      unison999 - 02-27-2012, 05:47 PM
      Quote Originally Posted by Darkflame View Post
      I hope their claims against apple was submitted on sharp cornered sheets of paper with ugly type fonts. i''d hate for apple to turn around and sue proview for violating any patents realed to round edges are pretty fonts. Then again doesnt apple already have a patent that allows them to sue everyone else for good ideas? Since suing apple was a good idea and apple has the patents on good ideas apple should sue proview for suing apple!
      ^^iChuckled <- oh oh I better watch out! Apple is now coming for me.

      No worries, they filled out their papers in Legal Size document with sharp corners

      Quote Originally Posted by unison999 View Post
      ^^iChuckled <- oh oh I better watch out! Apple is now coming for me.

      No worries, they filled out their papers in Legal Size document with sharp corners
      BTW iChuckled is now TM (trademarked) and copyrighted!! Apple better not get any ideas.
    1. GooseG's Avatar
      GooseG - 02-27-2012, 06:49 PM
      [QUOTE=unison999;6427409]
      That would be "they are" or "they're".

      True.
    1. trialnterror's Avatar
      trialnterror - 02-27-2012, 06:56 PM
      The old guy probably said hey I've been going thru these old documents and that was apple that bought the iPad name from us, eew they have billions, them dirty rotten man we could of made a hell of a lot more then that. They committed fraud cause we could of got more money if we would of known it was apple! Well guess what proview GO XXXX YOURSELF apple had a legal company buy the name from u! Do u think if apple went out trying to buy the iPad name in their name 1. They would get screwed 2. People would be tipped off on a new product! The only fraud here is proview trying to screw apple out of billions! Ah guess what no chance!
    1. unison999's Avatar
      unison999 - 02-27-2012, 10:45 PM
      Quote Originally Posted by trialnterror View Post
      The old guy probably said hey I've been going thru these old documents and that was apple that bought the iPad name from us, eew they have billions, them dirty rotten man we could of made a hell of a lot more then that. They committed fraud cause we could of got more money if we would of known it was apple! Well guess what proview GO XXXX YOURSELF apple had a legal company buy the name from u! Do u think if apple went out trying to buy the iPad name in their name 1. They would get screwed 2. People would be tipped off on a new product! The only fraud here is proview trying to screw apple out of billions! Ah guess what no chance!


      Now that would depend if there is a no-competitive clause they put into the contract for the sale of ipad, if they did Apple deserve to get screwed by Proview. The fact Apple made up the name "ip application development" is an obvious attempt to mislead Proview, and by not disclosing what the name was for Apple can also lose the case due to false pretenses.
      Just like you got a neighbor who has Micky Mantle baseball card in mint condition worth $2500+, because you know he does not know the value you made an offer of $1 for the card and he sold it to you. In many states around the country, the guy is entitled to get the card back.
    1. docmagoo2's Avatar
      docmagoo2 - 02-28-2012, 12:12 AM
      Quote Originally Posted by lfecefl View Post
      Apple sucks. Rooting for Proview.
      Great opinion and really adds to the debate. Anyway If they suck why are you on an apple related forum? I don't go onto android / windows phone based forums and troll there.
    1. TheDirtyDiddler's Avatar
      TheDirtyDiddler - 02-28-2012, 12:18 AM
      I don't think it was so much an attempt to fool Proview as it was an attempt to keep their product line a secret. You know how Apple is. And if Proview isn't holding up their end of the bargain then Apple will have paid them for nothing. If they want the rights to the name back, then they should pay back all the money they got from Apple to obtain it. They received that money to give up the name, and that's exactly what happened. I don't see how it even matters WHO it was. It's been paid for.
    1. jasvncnt10's Avatar
      jasvncnt10 - 02-28-2012, 10:01 AM
      Isnt everyone just in it for the money? I sure as hell dont go to work because its fun.
    1. steve-z17's Avatar
      steve-z17 - 02-28-2012, 10:14 AM
      Quote Originally Posted by jOnGarrett View Post
      that's the same lie that was told about the iPhone name and iCloud. when apple decided it was ok to steal. seems like anything with an "i" at the beginning belongs to apple regardless of how old the trademark is or what its being used for.

      Proview will win in China but loose in the US.
      Like I said, they're just in it for the money...
    1. unison999's Avatar
      unison999 - 02-28-2012, 02:29 PM
      Quote Originally Posted by TheDirtyDiddler View Post
      I don't think it was so much an attempt to fool Proview as it was an attempt to keep their product line a secret. You know how Apple is. And if Proview isn't holding up their end of the bargain then Apple will have paid them for nothing. If they want the rights to the name back, then they should pay back all the money they got from Apple to obtain it. They received that money to give up the name, and that's exactly what happened. I don't see how it even matters WHO it was. It's been paid for.
      Unfortunately because the original corporate name they used to buy the name IPAD for is so misleading, the courts will have to side with Proview especially if they have the no-competitive clause in the sales contract. Even if the clause is not there (I don't see why not when many lawyers were used because this apply to multiple countries), Proview is able to prove they had a verbal agreement it will still holds up in court.
      It is Apple's own fault for being so secretive, and lied to get the name. They could have said they are making an updated version of "Newton" which iPad essentially is, Apple to remove that none-competitive clause on the contract and Proview would most likely be ok with.
      Too bad when they were negotiating this deal Apple do not have billions on hand to throw around, now that Apple do have the billions and if I were Proview and able to get the name back I would only lease it to Apple instead of selling it.