Shanghai Court Denies Injunction Against iPad Sales in Proview Trademark Dispute

proview logoReuters reports that a Shanghai court has declined to issue an injunction that would have barred sales of Apple's iPad in the city, a ruling that is part of the dispute between Apple and Proview Technology over the trademark on the iPad name.

Early reports had painted the decision as a significant victory for Apple, but while the company is no doubt pleased that the judge in the case did not find sufficient cause to halt iPad sales at this time, it appears to mainly be a procedural ruling to put off further proceedings until a decision is reached in a related case in Guangdong province. Apple lost an initial case there and is currently appealing that decision.

The Shanghai Pudong New Area People's Court denied a request by Proview Technology (Shenzhen) for the injunction and agreed to Apple's request that the trademark infringement case be suspended pending a ruling in a separate case in a higher court.

The decision, announced on Thursday on the court's website, gives Apple some leeway in a larger battle over the iPad trademark in China, which is important to Apple not only as a consumer market, but also because the country is a major production base for the iPad and other of its products.

Proview has won several small victories against Apple in cities around China, but a ruling against Apple in Shanghai would have been by far the most significant given the city's size and Apple's presence there with three of its own retail stores.

Related Roundup: iPad
Buyer's Guide: iPad (Neutral)
Related Forum: iPad

Top Rated Comments

CylonGlitch Avatar
123 months ago
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.
Score: 13 Votes (Like | Disagree)
CylonGlitch Avatar
123 months ago
Something is telling me that the world of hurt is just starting for Proview.
Score: 7 Votes (Like | Disagree)
zoetmb Avatar
123 months ago
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.
Score: 6 Votes (Like | Disagree)
*LTD* Avatar
123 months ago
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.
Score: 6 Votes (Like | Disagree)
BobbyRond Avatar
123 months ago
Now to sue for the iMac rip-off. :cool:
Score: 5 Votes (Like | Disagree)
shaunp Avatar
123 months ago
Pointless

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.
Score: 4 Votes (Like | Disagree)

Top Stories

nothing ear 1 buds 1

Nothing 'Ear (1)' True Wireless Earbuds Launch to Take on AirPods Pro With ANC and Unusual Design for $99

Tuesday July 27, 2021 7:57 am PDT by
Nothing, a new brand from OnePlus founder Carl Pei, has today officially launched the "Ear (1)" true wireless earbuds after months of anticipation around the company's AirPods Pro rival. The Ear (1) features an in-ear design, Active Noise Cancelation, Bluetooth 5.2, IPX4 water resistance, and a charging case with Qi-compatible wireless charging and a USB-C port. Fast pairing is supported on...
iOS 14 on iPhone feature emergency

Apple Releases iOS and iPadOS 14.7.1 With Fix for Touch ID Apple Watch Bug

Monday July 26, 2021 9:48 am PDT by
Apple today released iOS and iPadOS 14.7.1, minor bug fix updates that come just a week after the release of iOS 14.7, software that introduced new Apple Card features and support for the MagSafe Battery Pack. The iOS and iPadOS 14.7.1 updates can be downloaded for free and the software is available on all eligible devices over-the-air in the Settings app. To access the new software, go to...
iPad mini pro feature 2

iPad Mini 6 to Feature 8.3-Inch Display With No Home Button and Narrower Bezels

Monday July 26, 2021 12:26 pm PDT by
The sixth-generation iPad mini that's in the works will have an 8.3-inch display, according to display analyst Ross Young. That will be larger than the current 7.9-inch display, with the larger size due to the removal of the Home button and a narrower bezel design. Rumors about the iPad mini 6 have been picking up in recent weeks ahead of its prospective launch this fall. Apple analyst...
iphone 12 pro gold

Report: iPhone 14 Pro Models to Feature Tough Titanium Alloy Chassis

Monday July 26, 2021 1:12 am PDT by
Next year's "iPhone 14" series is expected to feature high-end models with a new titanium alloy chassis design, claims a new investors report by JP Morgan Chase. According to the report, the use of titanium alloy will be one of the biggest changes to the case design in the 2022 iPhone series, and Foxconn will be the exclusive manufacturer of the titanium frames for the high-end models....
iOS 15 General Feature Purple

Everything New in iOS 15 Beta 4: Safari Tweaks, MagSafe Battery Pack Support, Notification Updates and More

Tuesday July 27, 2021 11:47 am PDT by
Apple today released the fourth betas of iOS 15 and iPadOS 15, introducing additional refinements to the new features that are coming in the software updates. In these betas, Apple has introduced changes for Safari, Notifications, Focus mode, and more. Safari Updates Apple is continuing to refine the design of Safari on the iPhone, and in iOS 15, there are tweaks to improve usability. ...
apple mac business page

Apple Shares 11 Reasons Why Business Users Should Choose Macs

Monday July 26, 2021 11:35 am PDT by
Apple today updated its Apple at Work website with a new section dedicated to the Mac, which offers up 11 reasons why "Mac means business." On the webpage, Apple highlights the M1 chip as the number one reason why business users should choose a Mac, offering up an M1 overview [PDF] that explains the benefits of the M1 chip. The information isn't new, but it does provide a look at all of...
imac with accessories

Larger Redesigned High-End iMac Rumored to Launch Next Year

Monday July 26, 2021 3:45 am PDT by
Apple's larger redesigned iMac will arrive sometime in 2022 rather than later this year, according to the leaker known as "Dylandkt." On Twitter, Dylandkt claimed that Apple's "high end iMac" is not expected to release in the fourth quarter of 2021 alongside Apple's "M1X Macs" – a reference to Apple's redesigned MacBook Pro models – because "Apple simply does not want their devices to...
General iOS 14

iOS 14.7.1 and macOS Big Sur 11.5.1 Patch Security Vulnerability That May Have Been Actively Exploited

Monday July 26, 2021 11:55 am PDT by
Apple today released unexpected iOS 14.7.1 and iPadOS 14.7.1 updates to the public, and according to a newly released support document, the software addresses a serious security vulnerability that may have been exploited in the wild. Apple says that an application may have been able to execute arbitrary code with kernel privileges due to a memory corruption issue. "Apple is aware of a report ...
apple bitcoin hack

Is Apple Really Buying Bitcoin?

Monday July 26, 2021 3:07 am PDT by
A large number of websites and posts on social media are stoking rumors that Apple has purchased $2.5 billion worth of bitcoin in the company's first move into cryptocurrency, but is there any validity to the claims? Many people are citing the fact that Apple was looking for a Business Development Manager with experience in alternative payments, including cryptocurrency, earlier this year as ...
new m1 chip

Tim Cook on Apple Deciding to Manufacture Components: 'We Ask Ourselves If We Can Do Something Better'

Tuesday July 27, 2021 3:04 pm PDT by
During today's earnings call for the third fiscal quarter of 2021 (second calendar quarter), Apple CEO Tim Cook was asked how Apple decides what components to purchase and what components to develop, and Cook said that Apple asks if it can be done better. We ask ourselves if we can do something better. If we can deliver a better product. If we can buy something in the market and it's great...