Apple and Proview Face Off in Shanghai Court Over iPad Trademark
"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'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.
"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."
Proview's iPAD, sold from 1998 until 2009 (Source: The Wall Street Journal)
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.