Apple defended its claim to the iPad name in China before a high court Wednesday, alleging that Proview Technology knowingly signed away the Chinese rights to use the trademark and is trying to unfairly reap financial benefits, reports “The Wall Street Journal” (http://macte.ch/XNRSl).
Apple argues that it previously purchased all of Proview’s rights to the iPad trademark, including one for the name “IPAD” in mainland China owned by another subsidiary of Proview International Holdings. Apple says it legally owns the iPad mark throughout Asia, and that Proview is squeezing it for additional money to use the trademark in China, despite the fact that it has already purchased those rights.
“We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago,” Apple spokeswoman Kristin Huguet told “AllThingsD” (http://macte.ch/dzKoZ). “Proview refuses to honor their agreement with Apple in China, and a Hong Kong court has sided with Apple in this matter.”
That does appear to be the case, the article adds. In July 2011, Judge Hon Poon ruled that there was more than enough evidence to suggest that Proview has breached its agreement with Apple by refusing to transfer to it the iPad trademark in China.
However, Proview claims to own the iPad trademark and wants a ban on shipments of the Apple tablet in and out of China, a lawyer for the company told “Reuters” (http://macte.ch/soyzz). The company triumphed over Apple in a lawsuit in southern China late last year and is looking to enforce the court ruling. Proview is petitioning Chinese customs to stop shipments of iPads, notes “Reuters.”
Apple has accused Shenzhen Proview of infringing its iPad trademark and filed a lawsuit to that affect last year. However, in December 2011, the Intermediate People’s Court in the southern boomtown of Shenzhen rejected Apple’s complaint against Proview Technology (Shenzhen). The court said Proview lawfully registered the iPad trademark as long ago as 2000 for products in a number of countries, including China.
In December 2011 the Intermediate People’s Court in the southern boomtown of Shenzhen rejected Apple’s complaint against Proview Technology (Shenzhen). The court said Proview lawfully registered the iPad trademark as long ago as 2000 for products in a number of countries, including China.