While walking, if you step on the tail of a dog or a snake, it would not spare you and bite you for sure.
When Proview lost to Apple in Shanghai, it must be deeply hurt as Shanghai is a part of Proview’s home turf. Thus, Proview ran all the way to United States to bite Apple.
In an attempt to extort money from Apple, Proview has been filing lawsuits aggressively against Apple in China over the past few weeks, despite selling the rights to use “iPad” name to Apple. Proview claimed that Apple was misusing their ‘Ipad’ trademark. Proview also tried to get many cities to get the iPad banned. A Shanghai court rejected a request for ban of the iPad. However, many a few other ruled in Proview’s favor to ban Apple’s iPad from their city, out of jingoistic feelings. Some jingoists in China are calling the judge a “traitor” on various online forums for “siding with foreigners”.
On 23 February 2012, the Wall Street Journal (WSJ) reported that Proview had filed a lawsuit against Apple in the US on 17 February 2012, in Santa Clara, California.
The lawsuit, which was filed in the Superior Court of the State of California in Santa Clara County on Feb. 17, but previously unreported, claimed that Apple had committed fraud when it used a company set up by one of its law firms, called IP Application Development Ltd., to purchase the iPad trademark from Proview on Dec. 23, 2009 for 35,000 British pounds ($55,000).
An Apple spokeswoman told the WSJ that “Proview refused to honor their agreement with Apple in China, and a Hong Kong court has sided with Apple in this matter.”
In court, Proview is asking to be repaid for damages. It wants to restrict Apple from using the term ‘iPad’.
Last week, Apple had also threatened to file a counter-lawsuit against Proview for “damaging Apple’s reputation.”
Though Apple’s tablet has been banned in many Chinese cities, Chinese Customs told Proview that it would be difficult to enforce a widespread ban on Apple’s iPad throughout China because it was very popular. Courts in Mainland China have yet to make a ruling.
As a new chapter of this legal battle unfolds, a ban on iPad in US is unlikely.
Do you believe that Proview is making a mistake by suing Apple? Share your comments.
Source: iDownload Blog