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Tag: Proview

  • Coming Off Proview, Apple Faces A New Lawsuit In China

    After a lengthy legal battle, Apple and Proview finally settled over the rights to the iPad name for a cool $60 million. It was smart for Apple to settle because it looked like Proview wasn’t going to give up until it got something. You would think Apple’s troubles in China would be finished after that, but things are never that simple.

    MIC Gadget is reporting that Chinese household chemical company Jiangsu Xuebao is suing Apple over the Snow Leopard name. So how does Apple infringe on their trademark? The company claims that they applied for the Xuebao trademark, which is Snow Lepoard in Chinese, back in 2000. Apple released the Snow Leopard OS in 2009 so it was obviously late to the game.

    The company is seeking around $80,000 and an apology from Apple. Compared to what Proview wanted, these demands don’t seem exploitative. The bad part is that Jiangsu Xuebao is also suing four Chinese retailers that advertise and sell Apple’s OS X.

    What makes this case really interesting is that Apple apparently applied for the Xuebao trademark back in 2008 in China and was rejected. The company feels that this is proof that Apple tried to infringe on their trademark and then went to the English spelling of Snow Leopard when they were denied the native Chinese spelling.

    That rejection may be what saves Apple in the end though. A Chinese lawyer says that Jiangsu Xuebao has little chance to actually win because Apple advertises Snow Leopard in English on their Web site. If they had used Xuebao, the company would probably win their complaint. While both the Chinese and English Web sites use the English spelling for Snow Leopard on the Web site, the actual marketing in China appears to only use Chinese whereas Apple uses English.

    Either way, the case goes to a Shanghai court on July 10. Here’s hoping it doesn’t last as long as the Proview case. Apple would be smart to just settle and let them have their $80,000 – it’s a drop in the bucket compared to the company’s cash reserves.

  • Apple Settles Proview Suit For $60 Million

    Apple Settles Proview Suit For $60 Million

    Apple has reportedly agreed to pay $60 million to Chinese company Proview for the rights to use the “iPad” name in China. The settlement is significantly larger than the $16 million offer Apple had been rumored to make.

    Proview has been battling Apple in court over the use of the iPad name for quite some time. Apple bought perpetual rights to the name in 2009 via a shell company. After the iPad released, Proview sued for trademark infringement, claiming they had not realized they were selling the rights to Apple, and that the deal had not been properly authorized within Proview, rendering it invalid. After some early victories in Chinese courts, Proview attempted to bring its case to America, but it was tossed out of U.S. District Court.

    Apple, meanwhile, accused Proview of trying to make Apple pay for the same thing twice. They claimed they had bought the rights fairly, and that Proview was just trying to squeeze extra money out of them. Proview, as it turns out, is significantly in debt. Though Apple offered a $16 million settlement back in May, Proview rejected it, demanding $400 million instead. That, incidentally, is the amount of money Proview needed to appease its creditors.

    It’s not clear yet when the deal between the two companies will be final. According to Reuters the deal was submitted to the Chinese provisional court that’s hearing the case yesterday. Once the deal is officially in place, though, you can bet that it won’t take Apple any time at all to start bombarding the world’s largest tech market with iPads.

  • Apple Vs. Proview: Hong Kong Court Dismisses Some of Proview’s Evidence

    Apple has scored a significant victory in its ongoing legal battle with Proview. A Hong Kong judge has excluded some of the evidence filed by Proview in the case.

    According to Shanghai Daily, Proview had submitted reports from two experts, but did not follow the court’s instructions in doing so, making the reports inadmissable. Proview chairman Sun Min told Shanghai Daily that his company had not yet decided whether it would appeal the ruling.

    Proview has suffered a string of setbacks in its crusade against Apple in recent weeks. The company’s suit in America was tossed out by a U.S. District Court judge earlier this month. Later we learned that the company had rejected a $16 million settlement offer from Apple, likely because the offer did not make a sufficiently large dent in the $400 million Proview owes its creditors.

    In 2010 Apple purchased the “iPad” trademark from Proview via a shell company. In 2011, Proview took steps to block the sale of iPads in China, claiming it still owned the trademark. Apple filed suit, accusing Proview of attempting to get more money from a trademark it had already sold.

  • Proview Rejected Apple’s $16M Offer, Wanted $400M

    Yesterday we brought you news that a U.S. District Court judge had rejected Proview’s attempt to bring its trademark infringement battle with Apple to American shores. Now it appears that Apple has made attempts to settle the case and been rejected by Proview.

    According to Chinese web site Sina (Google Translation), Apple offered China 100 million yuan ($16 million) to settle the suit, which is currently preventing Apple from selling the iPad in China’s enormous mobile device market. Proview, however, rejected the offer, insisting that Apple pay out $400 million.

    Upon further investigation, Sina discovered that $400 million happens to be the amount Proview needs to appease the creditors – consisting mainly of 8 Chinese banks – nipping at the company’s heels. According to The Next Web, proview’s debts actually total $8.68 million, and the company is facing increasing pressure from creditors that have begun taking steps to reclaim their money.

    Apple purchased the rights to the iPad trademark through a shell company several years ago. Proview subsequently denied that Apple had any right to the name and sued Apple, seeking to block import of the iPad in China. Proview has accused Apple of acquiring the trademark rights deceptively, while Apple has argued that Proview is trying to get more money out of trademark rights that it has already sold fair and square. If Sina’s report is correct, it seems that Apple might have a point.

  • Proview iPad Suit Tossed By U.S. Judge

    Proview iPad Suit Tossed By U.S. Judge

    By now you’ve probably heard about the ongoing legal battle in China over the iPad name. If not, here’s a quick rundown: it seems that Proview, a Chinese company specializing in CRT and LCD monitors, owned the trademark for the name “iPad.” While Apple claimed to have bought the worldwide rights to the name, Proview denied this and, after negotiations failed, sued to block imports and exports of the iPad in China.

    A lower court ruled that the iPad should be pulled from Chinese stores, but that ruling was reversed just a few days later. Proview, however, apparently got tired of waiting for the case to work its way through the Chinese court system. In February they filed a suit in U.S. District Court in California. In this suit, Proview claimed that they did not realize they were selling the rights to the trademark to a rival computer company, but to an IP developer.

    Now, though, it seems that Proview has hit a brick wall in its U.S. case. According to Reuters, the presiding judge in the U.S. suit dismissed the complaint on the grounds that Apple and Proview had agreed to work out their differences in Hong Kong.

    Proview accuses Apple of acquiring the trademark rights deceptively, and says that Apple’s agreement was with a single division of the company, rather than Proview as a whole. Apple, meanwhile, argues that Proview is simply trying to squeeze more money out of a trademark that it has already sold.

  • Beijing Regards ProView as Owner of iPad Name

    Proview, the Shenzhen, China-based manufacturer of computer monitors and other devices, has long asserted that it owns the ‘iPad’ name in that country, and has sued Apple Inc. for roughly $2 billion in copyright infringement damages. Here is Proview’s basic take on the matter –

    Proview Technology (Shenzhen) is the legal registrant of the trademark “IPAD” (No. 1590557, registered with the trademark office of the State Administration for Industry and Commerce) and shall enjoy exclusive rights to use the trademark.

    Proview claims to have owned the iPad name since 2001, and has filed dozens of lawsuits, in attempts to block all iPad sales. A high court Guangzhou, China, has been reviewing the Proview case, and now Yan Xiaohong, Deputy Director of the National Copyright Administration, told reporters in Beijing that China generally regards Proview as being the true owner of the iPad trademark. So far, Apple has been able to bring iPads into China, but perhaps the tables will turn in Proview’s favor, yet again.

    Xiaohong states, “The dispute between Apple and Shenzhen Proview concerning the iPad trademark is going through the judicial process – Proview is still the lawful representative and user of the trademark.” The statement is really nothing new for Apple, who has so far had to jump through all sorts of technicality hoops in China, which is somewhat ironic, considering that full-on fake Apple Stores have been popping up all around the country – fake to the point where employees believe their paychecks are actually coming from Cupertino. Still, Apple, being one of those real companies, has to fall in line with protocol, as China sorts out its image as an emerging power on the global scene.

  • Apple CEO Tim Cook Visits China

    Apple CEO Tim Cook Visits China

    Apple’s Tim Cook was reportedly spotted in an Apple Store in Beijing’s Xidan province, making him the first Apple CEO to visit that country.

    This isn’t the first time Cook visited the world’s most populous country – Steve Jobs once sent him there to address issues with Apple parts supplier Foxconn.

    Cook visited China for talks with China Telecom, the mobile carrier that recently began to support Apple’s iPhone 4S. There is also speculation that Cook might be in China to sort out patent infringement issues with Proview, which has hindered the release of the new iPad in that country.

    According to an Apple spokesperson, Cook was “meeting with officials – China is very important to us and we look forward to even greater investment and growth here.”

    The issue with Proview has become Apple’s largest hurdle regarding the formal introduction of the new iPad in China. Though it was just reported that the new iPad passed another of China’s regulatory hurdles, after the China Quality Certification Center gave the tablet China Compulsory Certification.

  • New iPad Passes China’s Quality Control

    China granted regulatory approval to Apple for its new iPad last week, which indicates the company plans to formally release the device in that country.

    The China Quality Certification Center gave the tablet China Compulsory Certification, which afforded the mandatory stamp that Apple required to sell the product in that country.

    Historically, Apple launched its products weeks or months after releasing them in the U.S., but grey and black market vendors are still able to smuggle the devices in, and mark up the prices. Apple knockoffs and counterfeit products also exist, with one vendor recently being stabbed over a fake iPhone.

    Another obstacle Apple has faced with its iPad in China is trademark infringement. Chinese firm Proview claims to have owned the iPad name since 2001, and has filed dozens of lawsuits, in attempts to block all iPad sales. A high court Guangzhou, China, is currently reviewing the Proview case.

    Also, iPad 3G versions will require additional Chinese regulatory approval for a network access permit – but even if Apple goes through all of China’s formal hoops, the government can still step in over the Proview issue, according to Sun Peilin, an analyst with Beijing-based research firm Analysys International.

    Still, Canalys analyst Pin-Chen Tang points out that iPads are still being sold through official channels in China regardless – the new iPad took a 69.3% share on the market in Q4, 2011.

  • Proview Files Another Suit Over Apple iPad

    Apple is being sued once again by Proview. This time they have filed in California against the technology giant, claiming they believed that were selling the rights of the iPad trademark to an IP developer, not an entity that represents competition in computer hardware sales.

    Elliot Papageorgiou, a Shanghai-based partner and executive at law firm Rouse Legal commented on the California-based suit:

    “In relation to the U.S., Apple is going to somewhat have a homeground advantage,”

    This comes after Proview has already launched suits against Apple in multiple Chinese Jurisdictions in an effort to stop any exports of iPad from the country. Oddly enough, the chinese-based technology firm has solid footing with legislation designed to fight manufacturers wishing to copy chinese products and export them from the country.

    Apple recently won a case against proview in Hong Kong claiming that they indeed had the rights to the trademark and it is Proview who is failing to honor their end of the contract. Apple and Proview still have cases pending in China.

    David Chen, senior partner at Allbright Law Offices in Shanghai comments on the suits in China:

    “It is more appropriate for both parties to mediate. I think that is the best outcome,”

    Meanwhile in Beijing, authorities continue to confiscate iPads at retail establishments. Proview plead with customs officials to cease import and export activity on the product, reasserting that they won the rights to the trademark in a China-based court case last year. Seizures have since been reported in a growing number of cities including Zhengzhou, Qingdao, Shijiazhuang and Xuzhou.

    Several of Proview’s employees have commented on the seizures in China:

    “One of our local offices seized iPads from a shop and sealed them off based on the Chinese Trademark Law, although we did not carry out a city-wide seizure,”

    “We’re investigating iPad sales in the city and will move quickly once there is a final legal judgment,”

    Here is a look at the original trademark documentation from Proview:

  • Chinese Court Rules In Favor Of Apple, Can Keep Selling iPads

    It looks like Apple’s arguments yesterday in court worked as the Shanghai Pudong New Area People’s Court is going to allow the company to keep selling iPads in the city. Three out of the five Apple stores in China are in Shanghai so this a massive win for the company.

    Reuters is reporting that sources in China are saying that Apple has won its first major battle against Proview. If you’ve been following the story at all, this is a major win for Apple as they had been ruled against in the smaller courts across the country.

    As we reported yesterday, Apple was arguing that Proview didn’t own the rights to the iPad name. Apple had acquired the iPad name from Proview’s Taiwanese branch and the sale accounted for all the Asian countries that the name was used in. Proview claims that the Taiwanese branch had no right to sell the Chinese trademark.

    While Apple has avoided an injunction against the sale of their massively successful iPad, they’re still fighting another case in the Shanghai courts. Proview is seeking compensation from Apple for what they see as trademark infringement. It remains to be seen if the court will side with Proview or Apple in regards to that decision.

    Regardless, this is great news for Apple as it would allow them to sell the iPad 3 in China. The device is already rumored for a March launch and an injunction now would have thrown a monkey wrench into their plans.

    It almost looks like we’re at the end of the legal drama between Proview and Apple. We’ll keep you updated on any developments. I doubt that Proview will be able to take the case to U.S. courts now after this ruling, so expect a settlement within the next few days.

  • Apple Begins Fight Over iPad Name In Shanghai Court

    The legal drama between Apple and Proview hit new heights today as arguments from both sides were heard in a Shanghai court.

    As you’re all probably familiar with by now, Proview claims to own the iPad trademark in China. A claim that Apple says is bogus as they claim to have bought the iPad trademark across numerous Asian countries, including China, years ago.

    Reuters is reporting that the case in Shanghai today has Proview arguing for the immediate halt of iPad sales in the city. If enacted, the injunction would be a major hit against Apple as three out of five Apple stores in the country are located in the city.

    Apple fought back with the best defense they had – Proview can’t even do anything with the iPad name. Hu Jinnan, a lawyer representing Apple, said that Proview “has no product, no markets, no customers and no suppliers.” In essence, Apple is suggesting that Proview is only seeking monetary gain. An accusation that Proview has denied.

    Apple also possibly made the best argument of the day by linking iPad sales with state interest. They said that the ban “would not only hurt Apple sales but it would also hurt China’s national interest.”

    The Shanghai Pudong New Area People’s Court, where the case is being heard, has not made a decision yet and there’s no timeline for when we will get one. Proview seems to think they will receive a verdict soon.

    Even if the court was to rule in favor of Proview, Apple would have the chance to appeal the decision to a higher court. The lower courts have proven to be in favor of Proview, but as the case climbs the court system, there’s bound to be a judge that will rule in Apple’s favor.

    We’ll keep you updated as this fascinating case continues.

  • Apple And Proview Enter Negotiations Over iPad Name

    The hotly contested legal battle between Proview and Apple over the iPad name may soon start moving towards a conclusion.

    Proview today said that the company is moving towards talks with Apple over the iPad name dispute. I’m sure both Apple and Proview are hoping to reach a settlement to not have this drag out any longer than it needs to.

    As we reported previously, Proview claimed to own the iPad name in China. The company argued that when Apple bought the iPad trademark, the iPad maker never bought their right to the trademark so the iPad was infringing on their copyright in China.

    The case got a lot more interesting when a Chinese court ruled in Proview’s favor. Then Proview last week announced their intentions to bring a lawsuit against Apple in the U.S. to the tune of $2 billion in damages.

    Xie Xianghui, Proview’s lawyer, said the company is preparing for negotiations, but will still pursue their current court battles until the two companies can reach an agreement according to the AFP.

    Analysts predict that Apple will just choose to settle instead of pursuing what could turn out to be a lengthy and costly legal battle. Considering that Apple is trading near and above $500 a share these days, I’m pretty sure they can take a $2 billion hit to preserve their immensely successful iPad business.

    It’s now more important than ever for Apple to settle with iPad 3 rumors suggesting the device will launch in March. If Proview is granted an injunction, than all iPad 3 shipments to the U.S. would be halted as those shipments would not be allowed to leave China.

    Apple could spit in the face of reason and be looking for a fight, however, with the company reportedly sending a threatening letter to Proview. Apple reportedly threatened legal action against Proview over “defamatory statements and unlawful actions.”

    It remains to be seen how all of this is going to play out. We’ll keep you updated with any new developments in one of the most interesting trademark disputes of our time.

    [Source: AFP]

  • iPads Should Be Pulled From Shops, Lower Chinese Court Says

    Apple’s legal battle with Proview over the iPad patent got a little more troubling for the company today as a lower Chinese court ruled that stores in China should stop selling iPads. While this ruling may only affect the Guangdong province, which is close to the southern coast of the country near Hong Kong, Proview, which is based in China, has 40 other lawsuits going on in other cities throughout China to halt the sales of iPads.

    Apple argues that it purchased the worldwide rights to the iPad trademark from Proview but that Proview is now refusing to honor the agreement in China. Proview, alternately, still claims ownership to the trademark and, in addition to trying to halt the sales of the iPad in China, are seeking $2 billion from Apple in the U.S. courts as a means of compensation for Apple’s alleged trademark infringement.

    In a statement released on Monday, Apple maintained that its case is ongoing in mainland China and it has submitted an appeal to Guandgong’s High Court against an earlier decision in favor of Proview. In the statement, Apple spokeswoman Carolyn Wu reiterated Apple’s claim that it purchased the trademark for ten countries several years ago from Proview and a court in nearby Hong Kong has previously sided with Apple.

    Thus far, iPads have only been pulled from stores on a city-by-city basis as there has been no national action on the trademark dispute. Given that the iPad 3 will be landing as soon as next month, Apple will undoubtedly be looking to hasten the legal process toward a resolution as quickly as possible. However, given the process of rulings-and-appeals-and-more-rulings, don’t be surprised if this continues to drag on for the foreseeable future.

    Previous woes resulting from the dispute with Proview have sent Apple’s shares stumbling a bit, but no significant losses appear to be happening today – yet. Last week, Apple’s shares took a small tumble after news of a ruling in favor of Proview in Shenzhen hit the wires, but Apple shares seem to have slightly recovered and leveled off as of writing this. Then again, all Apple needs to do is shake down another tidbit of iPad 3 info from the rumor tree and their stocks will likely boom again.

    Also, if there’s one thing Apple knows, it’s that you don’t put anything between Apple products and Chinese consumers and they’ve got the resources to continue this fight as long as needed.

  • Proview Seeks $2 Billion From Apple In U.S. Courts

    Proview Seeks $2 Billion From Apple In U.S. Courts

    The legal drama between Apple and Proview just got more interesting.

    As we previously reported, Proview, a small Chinese company that makes monitors, claims to own the iPad trademark in China. Apple claims to have bought the trademark a few years ago when they first began selling the iPad.

    It got worse when Proview sought an injunction against the import and export of iPads in China that would effectively halt all iPad shipments to the rest of the world. Apple brought the case to the Chinese courts and lost. They are appealing now to the higher courts.

    Proview announced Friday that they are going to sue Apple in the United States over the trademark. They are claiming that Apple behaved unfairly.

    Li Su, chairman of Hejun Vanguard Group, which is helping to restructure Proview said they are currently looking at three U.S. law firms to bring a suit against Apple that would seek $2 billion in compensation.

    Proview CEO Yang Rongshan denied accusations that the lawsuit was their way of getting money to bail the company out of its current financial woes. He claims that the company is only protecting its trademark rights.

    This whole mess came about because Proview International Holdings in Hong Kong owns two companies under the Proview Technology name – one in Taiwan and one in China. The Taiwanese branch sold the trademark rights, including the rights in China, to Apple. The Chinese branch claims that the Taiwanese branch had no right to sell the Chinese rights.

    Proview is going to argue their case in the U.S. as such – Apple bought the rights through another company that had promised not to make products in competition with Proview.

    If the lawsuit is accepted in the United States, expect some big things.

    We’ll keep you updated on any and all changes in this fascinating trademark dispute.

    [Hat tip to AFP]

  • Apple’s Stock Drops After Proview Trademark Troubles

    Apple’s Stock Drops After Proview Trademark Troubles

    How big is Apple? Their individual share price is above $500. Well, it used to be. Now it’s gone below $500 a share. What could have caused this? A tiny Chinese company that is giving Apple a big headache.

    We reported earlier this week that Proview, a Chinese display manufacturer, holds the trademark to the iPad name. The Shenzhen Intermediate People’s Court rejected Apple’s claim to the iPad name and now the company is appealing to the Higher People’s Court.

    The implications of this are huge as Proview is asking for a ban on iPad exports and imports. While sales of the iPad are already being hurt in China with reports of government officials seizing iPad shipments, the export ban would hurt the most. Since all the world’s iPads are made in China, none of the product could leave the country.

    All of this is hurting Apple’s shares as it has dropped individual share price to below $500. Apple’s share price is now at $492 at the time of writing.

    If Proview has its way, expect Apple’s shares to take an even bigger hit. The iPad is one of Apple’s biggest sellers and with the iPad 3 rumored to launch in March, any delay could hurt their bottom line.

  • Chinese iPad Trademark Could Halt Global Sales

    Chinese iPad Trademark Could Halt Global Sales

    Proview International Holdings is a company in China known for their CRT and LCD monitors. They also own the iPad trademark in China which is causing a bit of trouble for Apple.

    Since Proview owns the iPad trademark in China, they can do what they want with it. Apple is fighting them in China over the use of the name, but so far, it’s not working very well in their favor. To add even graver wounds to injury, Proview is asking for a block of all iPad imports and exports.

    In a statement to Bloomberg, Proview’s lawyer, Roger Xie, said that they are unable to reach an agreement with Apple which has led to the surprising move to attempt a block of iPad exports from the country.

    “We are applying to customs to stop any trademark- infringing products from imports to China and also for exports,” Xie said. “Apple wants to postpone and continue infringement of the iPad in China.”

    Carolyn Wu, Apple’s Beijin spokeswoman, said that Apple bought Proview’s worldwide rights to the iPad trademark in 10 countries, including China.

    “Proview refuses to honor their agreement with Apple in China,” Wu said. “Our case is still pending in mainland China.”

    If Proview is granted the export ban, it would be a major blow to Apple as all iPads are made in China. This increases the pressure on Apple to just settle instead of trying to fight since Proview has the home court advantage.

    While it seems that this whole mess started recently, it’s actually a pretty old fight between the two tech companies. Apple sued Proview back in 2010 over the iPad trademark. Apple took the case to the Shenzhen Intermediate People’s Court where they rejected Apple’s claim to the iPad trademark. Apple is now appealing that decisioin to the Higher People’s Court of Guangdong province.

    Proview fired back with a trademark infringement case against Apple in Shanghai in an attempt to halt iPad sales in Apple’s stores in China. The case is scheduled to begin February 22.

    Proview separately filed trademark infringement complaints with 20 local government agencies. Those officials have begun seizing iPads in local markets according to Xie.

    Proview has yet to set a final claim amount, but initial reports are pegging it at 10 billion yuan, or $1.6 billion.

    If Apple and Proview can’t reach an agreement, expect very interesting things from the iPad maker.