Apple and Proview Face Off in Shanghai Court Over iPad Trademark
While Proview has had some success in its battle against Apple's use of the "iPad" trademark in China with minor court decisions against local retailers, the two companies are now going directly head-to-head in a higher-profile case underway in Shanghai. There has been no decision in the case yet, but lawyers for both sides spent four hours today laying out their evidence for the presiding judge. Reuters notes that Apple has gone on the offensive by citing the impact on the Chinese economy if iPad sales were to be halted, given the iPad's massive popularity and Proview's current lack of any product offering under that name.
"Proview has no product, no markets, no customers and no suppliers. It has nothing," Hu Jinnan, a partner at Guangdong Shendadi law firm, which is representing Apple in the case, told the court.
"Apple has huge sales in China. Its fans line up to buy Apple products. The ban, if executed, would not only hurt Apple sales but it would also hurt China's national interest."
Apple's tactics of highlighting the economic impact of the iPad and calling into question the validity of Proview's trademark given a lack of physical product using the name are side arguments to its primary claims, which hold that Proview agreed to transfer the rights to an Apple-held company in late 2009 and has failed to uphold its part of the deal.
A Hong Kong court
sided with Apple last year, ruling that Proview and its subsidiaries had colluded to extort significant sums of money from Apple in refusing to hand over the Chinese rights to the trademark. But Apple needs to convince courts in mainland China to adopt the same view as it seeks to thwart Proview's attempts at halting iPad sales and its requests for as much as $2 billion in compensation. Proview has argued that the Hong Kong ruling is inadmissible in Chinese courts, although Apple could presumably submit the same primary evidence to the Chinese court that it did in the Hong Kong case, seeking to convince the Chinese judge to independently come to the same conclusion.
Popular Stories
The iPhone is Apple's top-selling product, and it gets an update every year. In 2024, we're expecting the iPhone 16 and iPhone 16 Pro lineup, with an arguably more interesting feature set than we got with the iPhone 15 and iPhone 15 Pro. Subscribe to the MacRumors YouTube channel for more videos. Capture Button All four iPhone 16 models are set to get a whole new button, which will be...
Apple is widely expected to release new iPad Air and OLED iPad Pro models in the next few weeks. According to new rumors coming out of Asia, the company will announce its new iPads on Tuesday, March 26. Chinese leaker Instant Digital on Weibo this morning 日发布%23">claimed that the date will see some sort of announcement from Apple related to new iPads, but stopped short of calling it an...
Apple suppliers will begin production of two new fourth-generation AirPods models in May, according to Bloomberg's Mark Gurman. Based on this production timeframe, he expects the headphones to be released in September or October. Gurman expects both fourth-generation AirPods models to feature a new design with better fit, improved sound quality, and an updated charging case with a USB-C...
Resale value trends suggest the iPhone SE 4 may not hold its value as well as Apple's flagship models, according to SellCell. According to the report, Apple's iPhone SE models have historically depreciated much more rapidly than the company's more premium offerings. The third-generation iPhone SE, which launched in March 2022, experienced a significant drop in resale value, losing 42.6%...
Apple's new iPad Pro models with OLED displays will likely begin shipping to customers in April, according to information shared today by Ross Young, CEO of display industry research firm Display Supply Chain Consultants. Bloomberg's Mark Gurman also said the new iPad Pro models might not ship until "deeper" into April in his Power On newsletter on Sunday:I've repeatedly said that new...
iOS 17.4.1 and iPadOS 17.4.1 should be released within the next few days, with a build number of 21E235, according to a source with a proven track record. MacRumors previously reported that Apple was internally testing iOS 17.4.1. As a minor update for the iPhone, it will likely address software bugs and/or security vulnerabilities. It is unclear if the update will include any other changes. ...
Since Apple unveiled macOS Sonoma 14.4 on March 7, the transition to the latest software update has not been entirely smooth for everyone, and a number of issues have been reported by users that significantly impact their daily workflow. This article lists the most prominent challenges users have faced since updating to macOS Sonoma 14.4, and offers potential solutions where available. USB...
Top Rated Comments
Maybe beause Apple bought the world rights to the term iPad from them?
Looks a bit like the first iMac.
Unless they really did sell the rights to Apple, and ProView is just pissed bacause they didn't know it was Apple buying the rights and are just trying to get more money now...
What matters is that Proview sold rights to the iPad name to Apple years ago, and now that the iPad is immensely popular, has turned around and claimed they didn't really sell it, or that a mistake was made.
I'm sorry Proview, but you made your bed by selling the trademark. Now lie in it, and go away. Perhaps you should have charged Apple more for the rights.
I don't like to side with Apple on these things, as they are usually the trademark/patent bullies... But I'm trying to be fair. They bought the rights fair and clear.
Apple thinks that Proview doesn't have the rights because Proview sold the trademark right to Apple. I think that is a pretty good argument. Has nothing to do with company sizes, it has to do with Apple and Proview signing a contract, and Apple handing over the money.
Apparently Proview has been making up a story that the trademarks were owned by a different part of the company, but Apple has proof that this different part of the company knew about and agreed to the sale.