iPad Issues in China: Amazon Not an Authorized Retailer, Apple's Victory in Hong Kong Trademark Case

ipad 2 boxEarlier today, we noted that the iPad had been pulled from sale at online retailers Amazon China and Suning.com, with the development coming just days after authorities had seized some iPads over a trademark dispute involving the "iPad" name. At the time of the removal, an Amazon China spokesperson indicated that the iPad had been removed at Apple's request rather than as a result of actions associated with the trademark dispute, but Apple's reasons for the request were unknown.

The Wall Street Journal now reports that Apple did indeed request that Amazon China remove the iPad from sale, simply due to Amazon China not being an officially authorized retailer.

The Cupertino, Calif., consumer electronics giant asked Amazon in China to stop selling iPads because it is not an authorized reseller, according to people familiar with the matter. Amazon has since removed iPads offered by other resellers on its Chinese website as well.

The report's sources indicate that the move was not specifically related to the ongoing trademark dispute, although the timing suggests that it perhaps did play some role in the decision, if only by spurring Apple to reassess iPad distribution in China and tie up any loose ends.

While Chinese courts have so far ruled against Apple in the trademark dispute with Proview Technology, Apple has noted that it did win a court case on the issue in Hong Kong last year. The Wall Street Journal's report offers some additional details on that decision, which held that Proview and its subsidiaries had conspired against Apple in a scheme to extract more money from Apple.

The court said, in its findings, that Proview, its subsidiaries and at least one other company had combined together "with the common intention of injuring Apple," by breaching the agreement over the iPad name. The court, calling the event a conspiracy, further said Proview had "attempted to exploit the situation as a business opportunity," by asking for money.

"It is accordingly important that (Apple) is able to secure and obtain the China trademarks," the court wrote in its decision.

Proview reportedly failed to transfer the iPad trademark assignment in China to Apple as required by a 2009 agreement, instead demanding that Apple pay $10 million for the rights. Proview is now seeking as much as $1.6 billion in damages in Chinese courts.

Related Roundup: iPad
Buyer's Guide: iPad (Buy Now)
Related Forum: iPad

Popular Stories

maxresdefault

Five Features Coming to AirPods Pro 3

Friday June 27, 2025 10:52 am PDT by
Apple hasn't updated the AirPods Pro since 2022, and the earbuds are due for a refresh. We're counting on a new model this year, and we've seen several hints of new AirPods tucked away in Apple's code. Rumors suggest that Apple has some exciting new features planned that will make it worthwhile to upgrade to the latest model. Subscribe to the MacRumors YouTube channel for more videos. Heal...
Chase Sapphire Reserve Apple Perk Feature

Chase Sapphire Reserve Card Introduces New Perk for Apple Customers

Wednesday June 25, 2025 2:08 pm PDT by
Chase this week announced a series of new perks for its premium Sapphire Reserve credit card, and one of them is for a pair of Apple services. Specifically, the credit card now offers complimentary annual subscriptions to Apple TV+ and Apple Music, a value of up to $250 per year. If you are already paying for Apple TV+ and/or Apple Music directly through Apple, those subscriptions will...
anker power bank recall

PSA: Anker Recalls Multiple Power Banks Due to Fire Risk

Friday June 27, 2025 4:16 pm PDT by
Popular accessory maker Anker this month launched two separate recalls for its power banks, some of which may be a fire risk. The first recall affects Anker PowerCore 10000 Power Banks sold between June 1, 2016 and December 31, 2022 in the United States. Anker says that these power banks have a "potential issue" with the battery inside, which can lead to overheating, melting of plastic...
iPhone Car Key WWDC 2025

Apple Announces 13 Automakers Planning to Offer iPhone Car Keys

Friday June 27, 2025 11:42 am PDT by
In 2020, Apple added a digital car key feature to its Wallet app, allowing users to lock, unlock, and start a compatible vehicle with an iPhone or Apple Watch. The feature is currently offered by select automakers, including Audi, BMW, Hyundai, Kia, Genesis, Mercedes-Benz, Volvo, and a handful of others, and it is set to expand further. During its WWDC 2025 keynote, Apple said that 13...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching in a Few Months With These 12 New Features

Thursday June 26, 2025 2:00 am PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are around three months away, and there are plenty of rumors about the devices. Apple is expected to launch the iPhone 17, iPhone 17 Air, iPhone 17 Pro, and iPhone 17 Pro Max in September this year. Below, we recap key changes rumored for the iPhone 17 Pro models:Aluminum frame: iPhone 17 Pro models are rumored to have an...
CarPlay Ultra Climate Controls

Here's Which Vehicle Brands Will and Won't Offer Apple's CarPlay Ultra

Friday June 27, 2025 9:52 am PDT by
Apple last month announced the launch of CarPlay Ultra, the long-awaited next-generation version of its CarPlay software system for vehicles. There was news this week about which automakers will and won't offer CarPlay Ultra, and we have provided an updated list below. CarPlay Ultra is currently limited to newer Aston Martin vehicles in the U.S. and Canada. Fortunately, if you cannot...
apple watch ultra 2 new black

Apple Watch Ultra 3 Finally Coming After Two-Year Hiatus

Tuesday June 24, 2025 3:40 am PDT by
Apple will finally deliver the Apple Watch Ultra 3 sometime this year, according to analyst Jeff Pu of GF Securities Hong Kong (via @jukanlosreve). The analyst expects both the Apple Watch Series 11 and Apple Watch Ultra 3 to arrive this year (likely alongside the new iPhone 17 lineup, if previous launches are anything to go by), according to his latest product roadmap shared with...
macbook air spacegray purple

Apple Planning to Launch Low-Cost MacBook Powered By iPhone Chip

Monday June 30, 2025 3:20 am PDT by
Apple is planning to launch a low-cost MacBook powered by an iPhone chip, according to Apple analyst Ming-Chi Kuo. In an article published on X, Kuo explained that the device will feature a 13-inch display and the A18 Pro chip, making it the first Mac powered by an iPhone chip. The A18 Pro chip debuted in the iPhone 16 Pro last year. To date, all Apple silicon Macs have contained M-series...

Top Rated Comments

JonneyGee Avatar
175 months ago
A conspiracy? Proview trying to extort Apple for money? Who knew??
Score: 14 Votes (Like | Disagree)
Spectrum Abuser Avatar
175 months ago
I keep failing to see the 'damages' APPL has caused using the trademark.
Score: 11 Votes (Like | Disagree)
numble Avatar
175 months ago
The Hong Kong ruling can be read here:
http://www.hklii.hk/cgi-bin/sinodisp/eng/hk/cases/hkcfi/2011/1375.html

It is an order to all, including Proview Shenzhen, which is a defendant in the Hong Kong case. It also alleges that Proview Shenzhen also signed the contract where Proview Electronics said it was the owner and would transfer the marks to IP/Apple.

Eventually, IP Application and Proview Holdings, Proview Electronics and Proview Shenzhen (“the Contracting Defendants”) entered into a written agreement in December 2009 whereby the Contracting Defendants agreed to sell, transfer and assign the Subject Trademarks to IP Application for £35,000 (“the Agreement”).

9. It is Apple and IP Application’s case that in the process of drawing up the formal written agreement (“the Written Agreement”) and the assignments (“the Country Assignments”) to give effect to the Agreement, the representatives of the Contracting Defendants represented and led IP Application to believe that all the Subject Trademarks, including in particular the China Trademarks, were owned by and registered in the name of Proview Electronics. Accordingly, the Written Agreement and the Country Assignments executed on 23 December 2009 expressly stated that Proview Electronics was the proprietor of the Subject Trademarks including the China Trademarks and that Proview Electronics warranted that it was the unencumbered sole owner of the Subject Trademarks including the China Trademarks. The Country Assignment pertaining to the China Trademarks (“the China Country Assignment”) also recited that Proview Electronics was the proprietor of the China Trademarks. However, after Apple had announced the launch of iPads in January 2010, it was discovered that the China Trademarks were in fact registered in the name of Proview Shenzhen. The China Country Assignment was accordingly ineffective in assigning the China Trademarks to IP Application.

39. In performing of the Agreement, IP Application had paid £35,000 for the Subject Trade Marks (including the China Trademarks) on 23 December 2009. It is plainly arguable that the circumstances of the present case are such that the court may order specific performance if IP Application succeeds in its claim for breach of contract. There is accordingly clearly a serious question to be tried that Proview Shenzhen now holds the China Trademarks on trust for Apple and IP Application.

41. There is clearly a serious question to be tried that each of these requirements are made out in the present case :

(a) there exists a trust by reason of the matters set out in Part D.2.c above;

(b) Proview Shenzhen has acted in breach of trust by reason of its refusal to transfer and assign the China Trademarks;

(c) other defendants have induced and/or assisted in Proview Shenzhen’s breach; and

(d) such inducement and/or assistance is dishonest.

Here, the conduct of all the defendants demonstrate that they have combined together with the common intention of injuring Apple and IP Application by acting in breach of the Agreement. Proview Holdings, Proview Electronics and Proview Shenzhen, all clearly under Yang’s control, have refused to take any steps to ensure compliance with the Agreement so that the China Trademarks are properly assigned or transferred to IP Application. Instead, they attempted to exploit the situation as a business opportunity for the Proview Group by seeking an amount of US$10,000,000 from Apple.
Score: 8 Votes (Like | Disagree)
gnasher729 Avatar
175 months ago


Seems smart move. Pull iPads (and other apple products) from resellers. Resellers loose money. Can't feed familly. Resellers take it out on proview and, chinese officials etc. china puts proview in its place and backs apple. Apple wins without fighting.

There were 45 iPads confiscated. Most likely by cops who saw an opportunity to get an iPad without paying. I would bet two cents that these iPads have been sold since, within China.
Score: 5 Votes (Like | Disagree)
TMay Avatar
175 months ago
Does Apple and Disney have enough money to fund a private Army to overthrow the Red Chinese? This would solve a lot of problems.

Sure, but it would be a mickey mouse outfit.
Score: 5 Votes (Like | Disagree)
Benjamins Avatar
175 months ago
Win the case in Hong Kong means nothing because the law in HK doesn't apply to China.

actually it means everything. Mainland Chinese will just buy iPads from Hong Kong and sell it in Mainland unofficially.
Score: 5 Votes (Like | Disagree)