Chinese company sues Apple over iPad name

Shenzhen Proview Technology, the Chinese company embroiled in a legal battle with Apple over use of the iPad brand name in China, filed suit against Apple in a Shanghai court Wednesday, reports the Associated Press. This lawsuit is just the latest of several in a prolonged legal war over the rights to the iPad name.

In early December 2011, Proview Technology won a trademark battle against Apple in a patent court in Shenzhen, China, which Apple has since appealed. A court in southern China rejected another lawsuit from Proview Technology around the same time. In July 2011, a court in Hong Kong ruled that Proview Technology had acted with the intention of "injuring Apple." Hong Kong has a separate legal system from mainland China.

Proview Technology has requested that commercial authorities block iPad sales in 40 cities. iPads have been pulled from shelves in some Chinese cities as a result of these lawsuits, but the popular tablet computers are still widely available in other areas of China.

This latest lawsuit takes the fight to Shanghai's Pudong district court, which convened a hearing on the issue early Wednesday. Xie Xianghui, a lawyer for Proview, said that an out-of-court settlement is still possible since no final decisions have been made.

Apple claims to have purchased the rights to the iPad name in China in 2009. The sale was made for the equivalent of $55,000 USD through a company set up for purchasing the brand name. Proview, which registered the trademark in China in 2001 for an "Internet Personal Access Device" claims that the sale was not legally binding.

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22 Comments

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If Chinese courts are so corrupt I dont see why Apple doesnt go that route to squash this case. Money talks sooo.

Co_Co said,
If Chinese courts are so corrupt I dont see why Apple doesnt go that route to squash this case. Money talks sooo.

Except that the Chinese courts would never abandon one of their own companies to side with a GWAI company like Apple. The "Master Race" as they like to see themselves must beat those White Devils at any cost.

In any case, it's laughable that China expects anyone to respect their copyrights and trademarks when they have practically made an industry out of piracy and copyright/trademark infringement.

If apple don't lose this case then I'm going to lose all faith in humanity.
A company trademarked the name of a product, seems simple enough to me that without their express consent no-one else can use it. Otherwise why shouldn't I start selling my own iPad in the UK or US?
Apple have been playing the patent troll for long enough it's about time they had a taste of what they're doing to the tech industry.

Derges said,
If apple don't lose this case then I'm going to lose all faith in humanity.
A company trademarked the name of a product, seems simple enough to me that without their express consent no-one else can use it. Otherwise why shouldn't I start selling my own iPad in the UK or US?
Apple have been playing the patent troll for long enough it's about time they had a taste of what they're doing to the tech industry.

RTFA... It clearly says that Apple bought the rights to the name...

Astra.Xtreme said,

RTFA... It clearly says that Apple bought the rights to the name...

If the sale was unfounded then it's invalid.

Derges said,
If apple don't lose this case then I'm going to lose all faith in humanity.
A company trademarked the name of a product, seems simple enough to me that without their express consent no-one else can use it. .

CAUSE THEY BOUGHT THE TRADEMARK OFF PROVIEW!!

SpyCatcher said,
Once Apple tells the Chinese govt they are moving the manufacturing, case over.

Only in this case apple will lose. They can NEVER move their operations elsewhere and still make their astronomical profits.

Not really there are plenty of cheap labor countries willing to take on the work. Plus the Chinese system is built on employment, should Apple decide to leave it would cost X number of jobs. End result the owners of Shenzhen Proview Technology may be executed.

The Gunslinger said,

Only in this case apple will lose. They can NEVER move their operations elsewhere and still make their astronomical profits.

SpyCatcher said,
Not really there are plenty of cheap labor countries willing to take on the work. Plus the Chinese system is built on employment, should Apple decide to leave it would cost X number of jobs. End result the owners of Shenzhen Proview Technology may be executed.

But also remember, that the Chinese government heavily invests in these industries. Other countries with cheap labour will not have the same amount of government intervention. Btw, if other places could do it cheaper, quicker, these companies will be there already.

Companies are moving manufacturing into other countries today, many restrictions with China, such as they get complete access to the manufacturing and software technology.

The Gunslinger said,

But also remember, that the Chinese government heavily invests in these industries. Other countries with cheap labor will not have the same amount of government intervention. Btw, if other places could do it cheaper, quicker, these companies will be there already.

Apple will lose, won't they? Not because they're in the wrong (because they almost certainly aren't in this case), but because they're battling a Chinese company in China; potentially the most corrupt nation on the planet. You should see their car industry; most of their best cars are knockoffs of popular European cars, and whenever the manufacturers sue them, the Chinese courts always say "no, they're not copying you, they're completely original".

Astra.Xtreme said,
Yes, and it's fine...
Except that our politicians get bought and our view of the rest of the world is distorted beyond belief. Capitalism doesn't work for everyone and we stick our noses where they should be. Oil companies are essentially calling the shots.