Shanghai Court Denies Injunction Against iPad Sales in Proview Trademark Dispute

But this one doesn't appear to be legit. Proview appears to have seller's remorse on the original deal when they sold the trademark and having severe financial problems, simply sees a big payday. Personally, I'd bet that if Apple offered them $1 million to settle, they'd take it...maybe even less, but that would set a bad precedent for Apple and make them a target for other lawsuits.

Just to be clear; here is a quick summary of what transpired.

1. Dec 2009 : B&M (Apple's Shell) buys iPad trademark from Proview.Taiwan from Chairman Mr. Yang (who is also Chairman of Proview.China, and YOKE). The trademark is for Taiwan, HongKong and China. (VERY clearly defined).

2. Jan 2010 : Apple announces iPad

3. Feb 2010 : Proview.China claims they never sold the Trademark (Proview.Taiwan had no rights to sell it -- Although Mr. Yang their Chairman signed off the papers). Now demand $10,000,000 from Apple.

4. March 2010 : Apples says, no, we purchased it clearly.

5. April 2010 : Proview.China files bankruptcy.

6. Apple has been fighting since then to get the trademark they paid for.

Something is telling me that the world of hurt is just starting for Proview.

These guys are ridiculous. Trying to get paid for something they had nothing to do with because of a trademark. Maybe they should go and actually produce a worthwhile product to make money...like a normal business.

There's nothing wrong with a trademark lawsuit when they're legit. And Apple has seemed a bit arrogant in this space. Just because Apple is large and everyone wants an iPad doesn't necessarily make them right.

But this one doesn't appear to be legit. Proview appears to have seller's remorse on the original deal when they sold the trademark and having severe financial problems, simply sees a big payday. Personally, I'd bet that if Apple offered them $1 million to settle, they'd take it...maybe even less, but that would set a bad precedent for Apple and make them a target for other lawsuits.

Boom.

Sweep these ridiculous small fry out of Apple's way already. People want iPads, tyvm. There was even an admission by the gov't or another body earlier that a sales ban on iPads would not play well with the public.

Now to sue for the iMac rip-off. :cool:

Far too many tech companies are waging patent and trademark wars rather than actually creating good products.

And here we have Proview. If they actually had a product that had world-wide recognition, or even decent market penetration in their home territory, then they would have a point. But no. Instead they are trying to get rich by playing legal games instead. I saw a poster on here of a supposed Proview product, but it looked like it had been released in the 80's and not something any sane person would ever buy. Did it ever actually exist?

Organisations like Proview who appear to be just looking for a free ride need to have their asses kicked by the courts as they add nothing to society. By the same token we need to stop organisations hoarding patents just because they can, and then suing anyone who has an idea that is remotely similar even though they had no intention/inclination to bring the stuff to market. Patents have a place in the development process, but they should also have a fairly short shelf life.

This is China, I would not celebrate yet. Their particular brand of "justice" is special and, personally, I don't see Apple getting out of this without some backroom payment.

I don't know for sure, obviously, but I do get the feeling that Proview are completely to blame in this one and that they engineered this situation in the hope of effectively extorting money from Apple further down the line.

Now, I'm not an overly religious man but I did read somewhere that trying to take a bite out of an Apple was classed as the original sin.

And the result of this, Proview? Yeah, go to hell.

I've been a member of Macrumors for seven years, and never have I seen so many legal headlines. If there's a landmark case, cover that, but seriously, can we cut down on the number of patent/trademark stories?

If you don't like legal headlines then just skip them. Nobody is forcing you to click on the story and read it. Just saying :)

According to the documents below Proview doesn't have a leg to stand on. And Apple has every right to fight for what is rightfully theirs.


Proview should get nothing and Apple should not settle.

If anything Apple should sue them for defamation and wipe them off the map.
I understand that they have some investment banks behind them, perhaps Apple can sue them too.

Just look at the evidence...

http://allthingsd.com/20120216/take-...-ipad-dispute/

Proview sold the name globally including China and got paid for it.
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