Unboxing Asia

Hana Stewart Smith

Proview vs. Apple: Exports ban hard to impose

By | February 15, 2012, 5:59am PST

Summary: Proview, the Chinese company battling with Apple over trademark infringement, has been informed by customs that a ban on iPad imports and exports is unlikely.

Chinese customs have informed Proview, the company currently battling with Apple over the alleged trademark infringement of the ‘iPad’ name, that a ban on imports and exports is unlikely to happen.

Yesterday it was reported that Proview were seeking a ban from customs in China on the imports and exports of Apple’s iPad tablets as part of the ongoing legal dispute. However, in an interview with Reuters it was revealed that custom authorities had told them such a ban would be hard to impose.

“The customs have told us that it will be difficult to implement a ban because many Chinese consumers love Apple products. The sheer size of the market is very big,” said Yang Long-San, chief of Proview Technology (Shenzen).

Over the weekend local authorities were involved with the seizing of Apple iPad’s from retailers, and Proview has already appealed to authorities in 20 cities to stop sales of the allegedly trademark infringing tablets.

Although Apple is so far losing the legal struggle over their use of the ‘iPad’ trademark on the Chinese mainland, its popularity among customers makes a wholesale ban on sales of the product problematic.

Yesterday, I speculated that Chinese customs may avoid getting involved with the legal dispute due to Apple’s high profile, and it seems that Apple’s reputation is raising some concerns for authorities.

A ban on exports would be disastrous for the Western technology giants, as its iPad tablets are produced by Foxconn in China.

However Beijing based lawyer Stan Abrams also raised the issue of the heavy costs of seizing Apple shipments, which would be a huge obstacle for Proview.

Despite losing the potential support of Chinese customs, Roger Xie, a lawyer representing Proview, indicated that the company intends to continue putting pressure on Apple.

“We will be asking commerce departments of more cities to investigate and deal with the case accordingly,” said Xie.

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: Proview vs. Apple: Exports ban hard to impose
fyao 16th Feb
This is the summary from the link provided in this article re: the legal dispute: "Summary: A Chinese court has ruled against Apple in an ongoing legal battle over the ???iPad??? trademark, which could lead to Apple marketing the highly coveted product under a new name." That ruling is what led to the seizing of Apple products by (city?) officials, so it's not as cut and dry as "Chinese courts found that Apple had lawfully purchased the rights to the iPad name from Proview".
If nothing else, it should send a message that the company is serious. Maybe Apple should just deal with this and get it over with.
@Peter Perry I think suing ProView for $1 trillion, for deceptive practices, is warranted. You cannot sell the rights to a trademarked name, then sue after the fact. Proview sold the trademark in 2006, for $55,000. They got paid already, you cannot go back 5 years later, and decide you wanted to sell it for more. That type of deal is not logical.
In other words: Apple could be totally wrong about this and Proview is totally right but because Apple is such a big company with so much money, Apple can break the law without facing punishment. If a small company like Microsoft tried to steal a trademarked name, they would be punished but big companies like Apple get to do whatever they want.

Nice.
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@toddbottom2 You think your beloved Microsoft has done everything above board? If so, youre not living in the real world. Microsoft has made its living by stealing, and copying everything from someone else. I am sure you have heard of Embrace, Extend, and Extinguish? How about Microsofts many attempts to wrest control of another companys software away from them?
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What a crock! Park a tank outside the loading dock at the Foxconn plant - export problem SOLVED.
According to numerous reports from many months ago when Proview's dispute over the iPad name first came to light, Chinese courts found that Apple had lawfully purchased the rights to the iPad name from Proview. Subsequent actions by Proview have reportedly been extortion attempts, because it's believed that Proview didn't ask for enough from Apple for the rights and now wants to blackmail Apple for more.

So, could it possibly be that Chinese Customs didn't see the point in challenging the court findings?

Nah, it must be because Apple is giant and evil. That makes way more sense than an inconveniently-true court decision on the matter.
@jscott69 this is ZDNet, twisting the facts is permissible, as long as it paints Apple in a bad light
Well, first of all, is Chinese the official language in China? How can a English name be a trademark of any kind for a Chinese company? I think we all know the intention of Proview. A company do not produce anything under that "iPad" name or even anything close or similar to the iPad doing so bad that they filed bankruptcy, they're trying get a huge sum of money and run.

Why there's people here trying to say Proview is right? China is a big country but with so many fraud practices from civil to national level. this just remind me a lot of ruthless people tell lies after lies and believe this can turns out to be "truth". Unbelievable.
@timefly Proview sold the name to a third party in 2006, for the sum of $55,000. This third party sold the name to Apple, and now Proview wants to take it back. They realized that the other company sold it to Apple for more than they paid Proview for it.
This is the summary from the link provided in this article re: the legal dispute: "Summary: A Chinese court has ruled against Apple in an ongoing legal battle over the ???iPad??? trademark, which could lead to Apple marketing the highly coveted product under a new name." That ruling is what led to the seizing of Apple products by (city?) officials, so it's not as cut and dry as "Chinese courts found that Apple had lawfully purchased the rights to the iPad name from Proview".

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