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Thread: Chinese Higher Court Hears Apple's iPad Trademark Appeal

  1. #1
    Default Chinese Higher Court Hears Apple's iPad Trademark Appeal



    Apple continued its battle against Proview this morning in the Higher People’s Court of Guangzhou.

    The Higher Court is hearing Apple’s appeal to a lower courts decision that awarded Proview rights to the iPad moniker and a sales ban on the iPad in 30 Chinese cities. Proview is arguing Apple purchased the rights to the iPad name from a Taiwanese subsidiary of Proview that did not have the rights to make such a deal. Proview released and iMac like computer back in 2000 they called the “I-PAD.” The company also recently filed for bankruptcy giving them good reason to want an out-of-court settlement from Apple.

    However, Apple dismissed Proview’s $2 billion settlement request, and the recently lowered $400 million mark. Apple argued today in court that the iPad trademark is famous because of Apple.

    Among consumers across the world, the iPad trademark is already uniquely connected with Apple. When consumers see a tablet with an iPad trademark, they know it comes from Apple, and not from another company. — Apple's Lawyers
    Apple’s lawyers continue to argue that an Apple ban and letting Proview use the iPAd name would confuse customers and harm China’s best interests considering Foxconn’s Shenzen plant employs up to 1 million workers who assemble iPads. There is little chance Apple will let a sales ban actually go through in mainland China, the only question remains is the Higher Court’s decision, which is rather important as it is usually the final ruling in China.

    With the iPad 3 around the corner the last thing Apple needs is an iPad ban in one of its largest markets.

    Source: Reuters and 9to5Mac

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    Livin the iPhone Life
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    Anybody else think Apple's argument does not make sense? If the ban is held up and Apple wants to sell into China, wouldn't they just change the name? Most employees in the plant do not even see the end products anyways, why would they care about the name for the product??

    If that 1 million workers assemble iPad is a threat about changing a manufacturer of the product if Apple do not get their way, good luck finding reliable lowest bidder for the contract. And threatening China means a stab at their national pride, a boycott or ban on all Apple product would be interesting to see. Let me remind you China is a communist country, the government can ban whatever they want, so don't piss them off or make them "lose face".

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    Livin the iPhone Life steve-z17's Avatar
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    Proview is just in it for the money, they don't care about the actual name. They sold the name to the company that is working for Apple easily enough, but once they found out Apple was behind it all they decided to go after them for $$$$. This is a very common thing for big companies to do, they have smaller unknown companies buy up property or names so that they don't have to pay so much money to the person selling the land or whoever owns the name. Walt Disney did it in Florida to buy up land for Disney World, he went in under a small company name and bought up all the land for an extremely low price. If people had known it was Disney that wanted their land they would have charged a ridiculous amount of money! The iPad name wouldn't even be famous if it weren't for Apple, and now all of a sudden Proview acts like they care so they can get money from them....lame!

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    Quote Originally Posted by steve-z17 View Post
    Proview is just in it for the money, they don't care about the actual name. They sold the name to the company that is working for Apple easily enough, but once they found out Apple was behind it all they decided to go after them for $$$$. This is a very common thing for big companies to do, they have smaller unknown companies buy up property or names so that they don't have to pay so much money to the person selling the land or whoever owns the name. Walt Disney did it in Florida to buy up land for Disney World, he went in under a small company name and bought up all the land for an extremely low price. If people had known it was Disney that wanted their land they would have charged a ridiculous amount of money! The iPad name wouldn't even be famous if it weren't for Apple, and now all of a sudden Proview acts like they care so they can get money from them....lame!
    Proview is a multinational (doing business in more than 1 country), lots of lawyers just like Apple.
    Therefore they would have protected its interest with none-competitive clause during the sale of the name, thus why the lower courts agreed thus enforce the ban. It is Apple's fault in agreeing such clause, don't blame Proview to take advantage of the situation when Apple agreed to the stipulation.
    Who cares if iPad name would not be famous if it was not for Apple, should have choose another name if Apple have a problem and make some other name famous. If Apple wants to violate to the agreement, then Apple gets to pay for the price. Simple as that, the fact Proview greedy or not has nothing to do with the contract.

  5. #5
    Proview thinks the "iPad" name is theirs. But apple don't even sell iPads anymore. They sell "iPad 2". Couldn't they argue it isn't the same?

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    Livin the iPhone Life steve-z17's Avatar
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    Quote Originally Posted by unison999 View Post
    Proview is a multinational (doing business in more than 1 country), lots of lawyers just like Apple.
    Therefore they would have protected its interest with none-competitive clause during the sale of the name, thus why the lower courts agreed thus enforce the ban. It is Apple's fault in agreeing such clause, don't blame Proview to take advantage of the situation when Apple agreed to the stipulation.
    Who cares if iPad name would not be famous if it was not for Apple, should have choose another name if Apple have a problem and make some other name famous. If Apple wants to violate to the agreement, then Apple gets to pay for the price. Simple as that, the fact Proview greedy or not has nothing to do with the contract.
    The fact that Proview is greedy has everything to do with my post...maybe you should read it again. I never said Proview was in the right or wrong as far as contracts go, that was you reading into my comment a lot farther than it was meant to be. I simply said Proview is in it for the money, they're bankrupt and have been trying to get an out of court settlement from Apple. The first amount was $2 Billion then they lowered it to $400 Million, THUS they're in it for the money like I was saying in my previous comment, THUS you read into something that is being taken very lightly by myself...thus....the end!

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    Quote Originally Posted by unison999 View Post
    Anybody else think Apple's argument does not make sense? If the ban is held up and Apple wants to sell into China, wouldn't they just change the name? Most employees in the plant do not even see the end products anyways, why would they care about the name for the product??

    If that 1 million workers assemble iPad is a threat about changing a manufacturer of the product if Apple do not get their way, good luck finding reliable lowest bidder for the contract. And threatening China means a stab at their national pride, a boycott or ban on all Apple product would be interesting to see. Let me remind you China is a communist country, the government can ban whatever they want, so don't piss them off or make them "lose face".
    India much lol

  8. #8
    Quote Originally Posted by unison999 View Post
    Anybody else think Apple's argument does not make sense? If the ban is held up and Apple wants to sell into China, wouldn't they just change the name? Most employees in the plant do not even see the end products anyways, why would they care about the name for the product??

    If that 1 million workers assemble iPad is a threat about changing a manufacturer of the product if Apple do not get their way, good luck finding reliable lowest bidder for the contract. And threatening China means a stab at their national pride, a boycott or ban on all Apple product would be interesting to see. Let me remind you China is a communist country, the government can ban whatever they want, so don't piss them off or make them "lose face".
    Apple's argument does make sense. A ban on sales in such a big market would reduce demand... And hence reduce the need for that much manufacturing capability which translates to less workers required.

    Proview's claim comes so long after the introduction of the iPad, that they are now saying their own subsidiary acted illegally by selling the trademark to Apple. It's actually Proview's argument that makes no sense.

  9. #9
    An Apple ban would be the least of their worries if they really tick China off. China doesn't take kindly to feeling that they have been cheated out of something. If I were a leader at Apple, I wouldn't plan on a trip there anytime soon, if ever.

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