A Chinese high court has begun hearing an appeal brought by Apple against a Chinese firm, Proview Electronics, over the use of the iPad trademark.
Apple Inc is in several legal battles with Proview Electronics Co, which the US company says sold it the rights to the iPad trademark in 10 different countries, including China, in 2009. Apple contends that Proview has refused to honour the agreement and has not indicated any willingness to settle with Proview, a maker of computer monitors and LED lights.
Walking into the Guangdong High Court in the southern Chinese city of Guangzhou on Wednesday, lawyers for Proview expressed confidence, but also indicated the company remained open to settling with Apple.
‘I don’t rule out the possibility,’ Xie Xianghui, a lawyer representing Shenzhen Proview Technology, the company’s main Chinese subsidiary, told reporters.
On Tuesday, Proview announced it was seeking to regain worldwide rights to the iPad name and is suing Apple Inc in the US for alleged fraud and unfair competition, hoping to have a 2009 sale of the trademark ruled void. Proview was previously only claiming rights to the iPad name in China.
Apart from having the trademark sale voided, it also is seeking unspecified compensation, a share of Apple’s profits from alleged ‘unfair competition’ and an order for Apple to stop using the trademarks.
So far, two lower courts in Guangdong have sided with Proview on the issue, while a Hong Kong court ruled in Apple’s favour. Last week, Shanghai’s High Court rejected Proview’s effort to get Apple to stop selling the popular tablet computer under the iPad name.
Proview, once a major computer monitor manufacturer, launched its own version of iPAD, or internet Personal Access Device, in 2000 but it was not a market hit. Apple launched its popular iPad in 2010.
Proview contends Apple intentionally misled it when it bought iPad trademarks through a special purpose company called IP Application Development Ltd that concealed it was acting on Apple’s behalf.
Story source: www.bigpond.com
Leave a Comment