Apple sued in U.S. in iPad trademark dispute

Apple sued in U.S. in iPad trademark dispute

Summary: Apple is facing a war on its home turf, as China-based Proview is taking its lawsuit against the 'iPad' trademark to the United States.

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TOPICS: iPad, Apple, Legal, Mobility
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Proview International, which claims it owns the 'iPad' trademark in China, has brought its lawsuit against Apple to the United States.

Last week, two divisions of Proview filed a suit in Santa Clara County bringing the trademark battle directly to Silicon Valley's front door.

In the filing papers, seen by Reuters, it alleges that Apple created a company named 'IPAD' --- an acronym for IP Application Development Ltd. --- to conceal Apple's involvement in buying the trademark. In buying it directly, it could have blown the lid off the product launch.

Proview is asking for all sales of the iPad to be halted in the United States. But the company is not having recent luck in its mission to take on a technology superpower, after a court in Shanghai earlier this week refused to ban the sale of iPads in the city.

But Apple said that it bought the trademark from Proview and is able to use the trademark in 10 different countries. It also said Proview failed to honour the agreement, only a couple of months since a Hong Kong court sided with Cupertino.

It released supporting evidence and documents to AllThingsD, which shows clear documentation of Apple's purchasing of the trademark.

But its motives will be questioned. China's government favours the side of Chinese companies in copyright and trademark disputes, and its laws are designed to benefit homegrown companies, as ZDNet's Hana Stewart-Smith notes.

But Proview fell on hard times during the global financial crisis, and is struggling to keep afloat. The company faces delisting from the Hong Kong stock exchange unless it can muster up a rescue plan by mid-2012.

Image source: CNET.

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Topics: iPad, Apple, Legal, Mobility

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55 comments
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  • iHype not original?

    tell me something I don't know.
    The Linux Geek
    • I don't have the required time to tell you what you do not know

      however I will take the time to post this link showing documentation of Apple's purchase of the iPad trademark from Proview - including Proview Taiwan - and in doing so I will show you that Proview is nothing more than a desperate patent troll.

      http://allthingsd.com/20120216/take-a-look-at-some-of-apples-evidence-in-proview-ipad-dispute/
      athynz
  • Help Wanted: Copy Editor

    "But Apple said that it bought the trademark from Apple..."

    I miss the good ol' days when publishers acutally employed editors.
    Independent Voter
    • editors needed

      Will publisher(s) please reply? Why are there more & more examples of lack of proof reading? Is it cost, timeliness, poor attitude, sign of the times, etc.? WHY!!!
      Please proofread.
      DAVE26AUG
      • Fixed!

        Thanks, all.
        andrew.nusca
      • Apologies...

        Thanks for pointing out; clearly I don't do 7am starts very well!
        zwhittaker
  • editor for hire

    I'll gladly proofread future articles.
    athaki
  • Sounds like a company with no ethics

    It seems like Proview International needs to figure out how to survive, therefore is launching this unethical attack against Apple of which they sold the rights to the Trademark. They should really go out of business with this move and stop wasting lawyer's time.
    jfreedle29
    • but lawyers love this type of things

      Lawyers are actually happy to serve this business. The courts are motivated as well, as this creates 'precedent'. Tech blogs are also happy, because this is yellow news... Apple too is happy to have all this publicity or they would have resolved the matter already.... Apple's rivals love it too, because they can sell more junk during those uncertain times, telling their customers "look, Apple is getting what they deserve"..
      danbi
  • Irony Is......

    In our (US) higher standards we have almost accepted the faux clothing lines, copied software, imitation hardware and other copyright violations found at the outlet malls and flea markets while humoring Chinese companies such as these bringing frivolous lawsuits against our own brand names and unfortunately rewarding them to manufacture these (our own) brand names as well. What a shame.
    partman1969
  • History repeats

    Can anyone say SCO!
    KBabcock75
  • The last paragraph says it all..

    [i]But Proview fell on hard times during the global financial crisis, and is struggling to keep afloat. The company faces delisting from the Hong Kong stock exchange unless it can muster up a rescue plan by mid-2012.[/i]

    Sounds like they found a rescue plan... try to force a settlement with Apple over bogus charges.
    Tigertank
    • Exactly!

      nt
      athynz
  • Sounds like a country with no ethics!

    China???s government sides with the Chinese company on ownership of a product name yet they condone a Chinese company cloning a Ford F150 truck right down to the blue oval on the front! I would love to see Apple pull production out of China.
    dhlevin
    • They Can't!

      They couldn't afford to!! Not unless you want any Apple product to cost a gazillion dollars each!
      The labor over there gets paid "slave labor wages" meaning next to nothing and look how expensive Apple products are now. If they pull out of China, unless they go to some other slave labor country, expect Apple prices to jump by 50 to 100 times what they are now!!
      Disgruntled_MS_User
      • They could

        This is a total myth. If you take into account the free housing and food subsidy, the wage they make is substantially higher than the national average, and higher than workers on other Foxconn assembly lines. That is why when job openings come up Foxconn is mobbed by tens of thousands of applicants. On the flip side, reasonable estimates put the increase in cost if Apple were to manufacture here at about 30%.
        .DeusExMachina.
      • Deux: Actually, those Foxconn workers pay for the sleeping quarters and for

        their meals, out of the meager wages they earn. They're not getting "free" food or living quarters. That's what I gathered from the reports done by ABC's Nighline a few days ago.
        adornoe
      • labour is not such a large component

        of a high tech product. Surely?
        Mahegan
      • It doesn't have to be China

        Of course, Apple can move production to any place which offers reasonable business climate and production facilities. So far, none other such exists, but.. who knows..
        danbi
      • Facts

        adornoe
        Then you need to rewatch the ABC News program.
        First, I said they were subsidized. And that is the case. Rent for their room, if they decide to get one, runs $17.50 a month, less than a typical days wage. Are you claiming this is at parity with the U.S.? Meals run about $.70, a fraction of their hourly wage.
        Instead of just using inflammatory rhetoric, why don't you bother to actually check your facts?
        .DeusExMachina.