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Hana Stewart Smith

Apple threatens to sue Proview for defamation

By | February 21, 2012, 1:14am PST

Summary: Apple’s lawyers have issued a letter to the chairman of Proview threatening to sue the company over defamation and damages caused by the company’s recent actions.

As if this ongoing, escalating legal battle needed any more lawsuits, lawyers from Apple have issued a letter to Rongshang Yang, chairman of Proview Shenzen, threatening legal action over defamation.

The letter, according to the Financial Times, claims that Yang personally knew of an authorised transfer of the ‘iPad’ trademark. It explains that he had made “false and misleading statements” by claiming that the Shenzen arm of the company was unaware of the sale.

The letter went on to say, ”making misinterpretations in the press to inflame the situation is adversely affecting the interests of the parties in seeking any resolution of the matter.”

The lawyers have also indicated that they have reserved the rights to take further legal action over damages, caused by defamation or “unlawful actions intended to wrongfully interfere with Apple’s business and business relationships.”

Although the ongoing legal battle between Proview and Apple has been escalating since it began in 2010, Proview has recently been taking much more aggressive action towards the Cupertino-based technology giant.

Proview won a ruling from the Intermediate People’s Court in Huizhou yesterday against Apple and a local electronics retailer, Sundan. The court ruled that Sundan should cease sales of Apple iPad 2 tablets.

The Chinese company has already appealed to local authorities to stop the sale of the tablets in 40 cities, and there have been reports of small numbers of iPad’s being seized from shelves.

Apple released a statement last week about their legal dispute with Proview, explaining that: “Proview refuses to honour their agreement with Apple, and a Hong Kong court has sided with Apple on this matter.”

However, at this point, there are several different legal actions pending from both companies.

The next big hearing on the case will be in Shanghai tomorrow. A local court will be hearing a request for an injunction against iPad sales in Shanghai.

So far, Chinese customs have chosen not to involve themselves in the dispute, despite Proview’s request for a potential ban on imports and exports of the tablets. Customs authorities told Proview that such a ban would be extremely difficult to impose because of “the sheer size of the market.”

Image source: Hebei Youth Daily/ifeng.com.

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Hana is three things -- small, British, and stranded in Tokyo.

Disclosure

Hana Stewart-Smith

Hana Stewart-Smith's mother is presently employed by IBM UK. No other existing or potential conflicts to report; this information will be updated whenever deemed necessary.

Biography

Hana Stewart-Smith

Hana is three things -- small, British, and stranded in Tokyo. After recognising that a degree in both English Literature and Film is, in fact, two parts unnecessary and useless, Hana decided that a change in pace was in order. With a lifelong passion for writing and a healthy fear/ fascination with technology, the next logical step was to move to Japan and surround herself with terrifying tech and a complete absence of the English language. She'll let you know how that venture works out.

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RE: Apple threatens to sue Proview for defamation
Bob Forsberg 21st Feb
Apple needs to pursue defamation action against any and all parts of Proview International Holdings for irresponsible slander intentionally thrown at Apple, Inc.

If cash rich Apple is seen as an easy target for grifter companies going out of business, Apple stock and company holdings will experience the same casualty the American economy and related fictitious budget is currently suffering.
Psssshhhh, It's Apple. That's an instant "Do what I wan't and get away with it" badge.
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@Nate_K
I'm not a fan of Apple at all, but this just seems like bs from the Chinese company.
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@Nate_K what part of Proview Electronics (Taiwan), a branch of Proview International Holdings, agreed to sell on the global trademark in 2006. The rights were sold to a company called IP Application Development (i.e IPAD), for $55,104. Apple bought the global trademark from IP Application Development Now Proview is looking to get paid again to the tune of 1.6 billion for something they sold nearly six years ago!
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@Nate_K Ah, Nate the Hater. ZDNet is full of you guys. Just go back to using Windows, you love it so much. Don't worry about the iPad or the Mac or the iPhone. Don't worry about innovation. We'll wake you before it's too late.
0 Votes
+ -
Apple needs to pursue defamation action against any and all parts of Proview International Holdings for irresponsible slander intentionally thrown at Apple, Inc.

If cash rich Apple is seen as an easy target for grifter companies going out of business, Apple stock and company holdings will experience the same casualty the American economy and related fictitious budget is currently suffering.

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