Apple faces legal threat to iPad trademark in China
A Chinese court rejected Apple's lawsuit aganist Shenzhen-based Proview
IDG News Service - A Chinese court has rejected Apple's lawsuits to gain control of the iPad trademark in China, while a little-known Chinese firm raises the stakes and seeks to ban the iconic tablet from being sold in the country under the iPad brand.
The Shenzhen Municipal Intermediate People's Court said in a Tuesday statement online that it had rejected Apple's two trademark lawsuits against Shenzhen-based Proview, a display monitor vendor now in financial trouble. In 2001, Proview registered for the trademarks "iPAD" and "IPAD" in China, which it later used to unsuccessfully launch its own tablet.
The court said that in 2009, a Proview subsidiary in Taiwan had sold the iPad trademark rights to a U.K.- based company called "IP Applications". In 2010, the U.K.-based company then sold the trademark rights to Apple.
The court rejected the lawsuits, stating that even as Apple had signed a contract for the trademark rights, it had done so only through Proview's Taiwan subsidiary. Proview's Shenzhen-based company did not attend any trademark negotiations, nor did it formally transfer the trademark rights. As a result, the contract is not legally binding, according to the court.
Apple said on Wednesday it declined to comment on the case.
Xiao Caiyuan, a lawyer representing Proview, said Apple could still appeal the court's decision. But in the meantime, Proview has already filed a lawsuit in China against Apple, which is set to go trial, according to Xiao.
Xiao declined to offer details about the lawsuit. But he said Proview seeks to ban Apple from selling its iPad in China because of trademark infringement. "Because Apple is a very influential company, no one wants to think they are being unreasonable. But in this case, they really are being unreasonable," Xiao said.
Apple's iPad has been the hottest selling tablet in China, with the devices grabbing a 74 percent market share in the second quarter, according to Beijing-based research firm Analysys International.
- Silicon Valley's 19 Coolest Places to Work
- Is Windows 8 Development Worth the Trouble?
- 8 Books Every IT Leader Should Read This Year
- 10 Hot Hadoop Startups to Watch
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- ERP in the Cloud and the Modern Business View IDC's White Paper, to review IDC CloudTrack Survey findings, gain expert insight into the challenges and opportunities the cloud presents, and determine...
- Oracle ERP Cloud Service - Back-Office Solutions that Keep You in Front Learn how you can harness the power of the cloud to run your business more effectively and lower upfront costs.
- Integration with Oracle Fusion Financials Cloud Service While moving your financial system to the cloud may seem straightforward, truly realizing the advantages of the cloud requires a complete understanding how...
- Hadoop for Dummies Today, organizations in every industry are being showered with imposing quantities of new information. Along with traditional sources, many more data channels and...
- Live Webcast Best Practices: How to Improve Business Continuity with Virtualization VMware solutions include a range of business continuity capabilities to help ensure availability for applications across your virtualized environment. Learn More>>
- Cloud Knowledge Vault Learn how your organization can benefit from the scalability, flexibility, and performance that the cloud offers through the short videos and other resources...
- Endpoint Data Management: Protecting the Perimeter of the Internet of Things Not surprisingly, "Internet of Things" (IoT) and Big Data present new challenges AND opportunities for enterprise IT. Teams need to harness, secure and... All Data Center White Papers | Webcasts