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02-29-2012, 11:16 AM #1
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
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
02-29-2012, 11:46 AM #2
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".
02-29-2012, 12:28 PM #3
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!
02-29-2012, 03:36 PM #4
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.
02-29-2012, 04:44 PM #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?
02-29-2012, 04:50 PM #6
02-29-2012, 06:06 PM #7
02-29-2012, 07:25 PM #8
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.
03-01-2012, 10:14 AM #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.