Shanghai court rejects Proview injunction against Apple

Shanghai court rejects Proview injunction against Apple

Summary: A Shanghai court has rejected Proview's appeal for a preliminary injunction of iPad sales in the city, proceedings have been suspended, pending results from a case in Guangdong.

SHARE:
TOPICS: Apple
12

A court in Pudong, Shanghai, has rejected Proview's appeal to get a preliminary injunction against the sales of Apple iPad tablets in the city.

The court has also decided to postpone hearings in the ongoing trademark infringement dispute for the time being.

In a statement today, the Shanghai court announced the decision to halt proceedings until results of a separate case in a Gaungdong provincial high court are revealed. No date has been set yet for further hearings.

The case in Shanghai is a trademark infringement issue. This means that if the court sides with Proview, sales of the iPad in China's biggest city by population could be stopped.

A court in Shenzen ruled against Apple last year over the ownership of the 'iPad' trademark itself.

Apple have appealed the decision, and the next hearing of that case will take place in Shenzen on February 29th.

Yesterday's proceedings have also uncovered some new issues to further complicate the dispute. Proview have revealed that both The Bank of China and Mingsheng Bank are creditors of the company, and have "controlled" it since 2009.

This news might actually benefit Apple, as the creditors could push for a settlement. Proview is unable to make agreements or sell any assets without the prior approval of their creditors, something which they claim Apple failed to understand.

Proview chairman Yang Rongshang admitted in an interview on Tuesday: "We can't make any agreements without the creditors, we are under the monitoring and control of the court."

The next big turning point for Apple will be the appeal in Shenzen at the end of the month, which could determine the ownership of the trademark itself.

Whether Apple win or lose the appeal, they may yet take further legal action against Proview.

Earlier this week lawyers from Apple threatened to sue the company over damages from defamation and "unlawful actions intended to wrongfully interfere with Apple's business and business relationships."

Related:

Topic: Apple

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

12 comments
Log in or register to join the discussion
  • ipad name

    I think taking the name iPad shouldn???t be done without consent from Apple. Apple owns the rights to their products and if another company would like to make their version of the ???iPad??? they should, but not copy the name ???iPad???. Several companies have made their own versions of the ???iPad??? i.e. HTC Tablet, Samsung, HP Touch Pad.
    fabandthick34
  • apple in china

    I really think that you guys should just let Apple do whatever they want to do.
    Why, because at the end of the day, the funds are going to Apple.
    cowboyswagg
  • My Opinion

    I think that it is okay for the other company to use the ipad, as long as they call it something different and it has different things then Apples. Proview shouldn???t be trying to take Apple???s trademark. You can???t just make something that is someone else???s product. Trying to say that I made it first, it does not work that way in the real world. Apple shouldn???t really be making such a big deal out of it, until they truly fix the working conditions in Foxconn in China.
    - Holly S.
    HollyBells
  • Apple

    I think that Apple shouldn???t get mad over one little company using their trademark on the company???s product when Apple until this day is making billions of dollars on the hundreds of product that they have introduced into this world. So the fact that Apple is going through all this over a stolen idea is bizarre to me.
    Love MC Hammer
    Ash2535
  • My Opinion

    I think apple has the right to fight Proview???s for the right to use the name iPad. Apple has had a lot of success selling their product which makes them a lot of money over the years. I also think that Proview???s are trying to take advantage of Apple trying to sell a product which has the same name as Apple. Proview???s will try to make money for selling a product which has the same names as Apple.

    By Jorge Gutierrez
    jorge86gutierrez
  • My Thought

    I think who ever invented the ipad should have written it down on document and have gotten signed by a legal witness. And so in that case anybody has a thought of coming out with your idea you now have evidence of the day and dated document of this future work.

    By: Ivylline Hernandez =]
    Ivylline
  • just an Opinion

    It is likely that Apple is being cheating by taking their name.it is the oldest product and very popular in the technology industry. It is one of the highest technologies used. So I don???t think it will be good just coping their name and not having the right services in it.

    -heena c
    heena c
  • my opinion

    I think apple has the right to protest and claim what belongs to them. If Proview claims the I pad logo it will boost their sell. For example, people would think that Proview products are Apples??? and will purchase them. Using Apple logo will also be a way to catch customer attention. Proview has a right to sell the item but as long as they use their own logo along with the apps that they promote, it is fine.
    By: Jessica Ramirez
    Jessica Ram
  • Apple

    I think that Apple has the only right to their own products and there is no reason for another company to put the original names that Apple uses for their products. Other companies have to find the way to name their products without using Apple???s products names unless Apple give their consent to do it.

    By. Gina
    gpaola87
  • My opinion

    Ongoing trademark infringement dispute for the time being against Apple. But it dost not matter taking the trademark to another company, since they are not making same products, anyway Proview make as iPod as Apple make with same trademark ,so It is not acceptable because it is going to down grade the Apple products mix with Proview products.
    BY. Amith munasinghe
    amith munasinghe
  • iPad

    I think that Apple is the biggest company in the United States. Apple has good brands of iPhones and unique. Every two years, a new iPhone is coming out to the market with more new features and applications. My opinion is that Apple has the right to sue the Proviews company for trying to make a similar iPhone. R.C
    norma12
  • iPod?

    I dont think that is right what they are trying to do.
    Everyone know the Apple and the iPod are different.
    Because, everyone can make different products even when the products are about the same but they are not the same.
    This is very interesting case.
    By, mg
    m1g2