China’s Higher Court Hears Apple’s iPad Trademark Appeal
Being the high brand that Apple is, it cannot be bullied by companies like Proview which nothing but a bunch of money hungry patent trolls who first sell the rights and then accuse of patent infringement.
The corrupt system of China was against Apple but a ray of hope came when Apple scored a victory over Proview in Shanghai. Stung, a rabid Proview sued Apple in United States with irrational and insane accusations.
Apple is continuing its battle against Proview in the Higher People’s Court of Guangzhou.
On 29 February 2012, the Higher Court heard Apple’s appeal to a lower courts decision that awarded Proview rights to the iPad moniker and a sales ban on the iPad in 30 Chinese cities. Proview argued (making false claims) that Apple had purchased the rights to the iPad name from a Taiwanese subsidiary of Proview that did not have the rights to make such a deal. Proview released and iMac like computer back in 2000 which they called the “I-PAD.” The company also recently filed for bankruptcy because of which they want an out-of-court settlement from Apple.
Ironically, when Proview became the owner of “I-PAD” patent name years ago, it was the Taiwanese subsidiary of Proview that had registered “I-PAD” name as a trademark of Proview. So legally Apple purchased the rights to use a patented name from those who registered it as a patent.
However, Apple dismissed Proview’s $ 1.5 billion settlement request, and the recently lowered $400 million mark. Apple argued in court that the iPad trademark is famous because of Apple.
Among consumers across the world, the iPad trademark is already uniquely connected with Apple. When consumers see a tablet with an iPad trademark, they know it comes from Apple, and not from another company. — Apple’s Lawyers
Apple’s lawyers continued to argue that an Apple ban and letting Proview use the iPad name would confuse customers and harm China’s best interests considering Foxconn’s Shenzen plant employing up to 1 million workers who assemble iPads. There is little chance Apple will let a sales ban actually go through in mainland China. It remains to be seen what would be the Higher Court’s decision, which is important as it is usually the final ruling in China.
With the iPad 3 launch around the corner, Apple needs to get the ban on iPad lifted in one of its largest markets.