Apple cannot use the iPad name in China

RS4

RS4

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Apple was suing the chinese firm Proview Technology for infringing its iPad trademark but the Court in Shenzhen rejected its lawsuit as Proview Technology registered the iPad trademark in 2000 and also ordered Apple not to use the ipad name in china.

Do note that it was apple who sued this small firm and apple only have themselves to blame for this fiasco, with all the Preliminary Injunction(blocking sales) requests and lawsuit around the globe, i guess it was bound to happen sooner than later, hope apple learns something from this.

Source:Chinese court denies Apple lawsuit, forbids it to use the iPad name in China
 
Rahulrulez said:
Hahah.. Superb :-D apple got sued :p

Sent from my GT-I9000 using Tapatalk
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Now, Proview Technology is seeking an immediate block on sales of iPad in China, The Shenzhen Futian District Court is due to start hearing one case on December 30, and the Huizhou Intermediate People’s Court has scheduled a hearing in the other for January 7.

So, Apple has only three options now:

1. Stop selling ipad in china.
2. Change the name.
3. Pay 1.5 billion USD to Proview Technology

Source: Chinese court rejects Apple's claim to the iPad name, faces potential sale ban -- Engadget

Apple loses iPad trademark case in China - FT.com
 
Proview Technology (Shenzhen) is a subsidiary of Hong Kong-headquartered Proview International Holdings Limited, which also has a branch in Taipei.

Proview Taipei registered the 'iPad' trademark in a number of countries and regions as early as 2000 and Proview Shenzhen registered the trademark on the Chinese mainland in 2001, long before Apple launched its iPad tablet.

Apple bought the rights to use the trademark from Proview Taipei in 2009 with a payment of 35,000 pounds ($54,616).

However, Proview Shenzhen reserved the right to use the trademark on the Chinese mainland.
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"Apple's actions are strange. They had not obtained the rights to use the 'iPad' trademark when they began to sell the iPad on the Chinese mainland in September last year," Huang Yiding of the Hejun Vanguard Group's public relations department was quoted by state-run Xinhua news agency as saying.

"Their copyright infringement is very clear. The laws are still there and they sell their products in defiance of laws. The more products they sell, the more they need to compensate," he said.
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Looks like Apple has foot in it's mouth syndrome!

I would first kick the A$$ of those guys who sold the name for a meager $50K-ish. When apple came asking for the name, what were they thinking? that apples loyal fanatics wont have another so called wonder product to cheer about which will sell in millions? But still, they caught Apple with their pants down! Selling it with a name in a country that they simply didn't have the rights over. Copy Cats! :p

Source: Rename iPad or pay up $1.66 bn: Chinese court - Hindustan Times

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On doing some more research, this is what I found. Apple apparently talks about innovation but it just buys out names for everything including the name of the company itself "Apple". No folks, Apple Inc didn't own the name Apple. It was stolen by the great Steve Jobs himself. May the man rest in peace and I have respect for him as a person and of what he has achieved but now it just pains me to see that a man who used to talk about not stealing from others and about innovation was apparently deeply indulged in the opposite.

Apple Corp was owned by the great Beatles themselves and they started it in 1967 and later Steve Jobs stole that name and started Apple Computer in 1967. The Beatles sued them in 1978 and after several different lawsuits, finally the ruling went in Steve Jobs favour on 8 May 2006 for the name "Apple" and apple gained complete Trademark rights to "Apple" in February 2007. Can you believe that? Apple Computers didn't even have the full rights to use "Apple" till Feb 2007? Beat that!

Some Quotes from below links:

In 1978, Apple Corps, the Beatles-founded holding company and owner of their record label, Apple Records, filed a lawsuit against Apple Computer for trademark infringement. The suit was settled in 1981 with an undisclosed amount being paid to Apple Corps. This amount had been estimated to be US$50–US$250 million, but was later revealed to be US$80,000. As a condition of the settlement, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business.
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Hypocrites! Liars! and Cheaters!

Apple Corp: http://en.wikipedia.org/wiki/Apple_Corps

Apple Computers: http://en.wikipedia.org/wiki/Apple_Inc

Apple Corp v/s Apple Computer: http://en.wikipedia.org/wiki/Apple_Corps_v._Apple_Computer
 
Steve jobs believed in copying others, but did not favour the same when it applied to his company.

Now the pressing point is whether Apple will pay up or not. Hope it does.
 
Motorola wins injunction against Apple in Germany, again

In other News:

Motorola wins injunction against Apple in Germany, again

Source: GSM Arena

big.jpg
Apple has been having a lot of legal headaches lately and now there's a new one. Now, it's Motorola that's causing the Cupertino-based company trouble as it won a preliminary injunction against several Apple products in Germany. It's not the first time either.

Anyway, today's injunction affects practically all Apple gadgets with GPRS connectivity - the iPhone, iPhone 3G, 3GS, 4, iPad 3G and iPad 3GS have been named, but the 4S is infringing on Motorola's patent as well (it came out after the suit was filed so it's not mentioned explicitly).

Motorola hasn’t won the case yet, but if they choose they can enforce that injunction in Germany. To do that, they need to provide a €100 million bond. That's a risk for the company that only recently stopped its decline - if they end up losing the suit, the money will have to be paid out to Apple. Also, Apple might appeal this decision and win a stay of the injunction.

It's hard to say how things will go. Motorola's patent is probably vital for GPRS and Apple can't do without it. Motorola might be forced to offer a license to Apple, but for now Moto's lawyers have managed to avoid that, at least until Apple pays for past damages (starting from 2007).

Apple doesn’t want to pay for past damages - that can turn out to be rather pricy - and is seeking to invalidate Motorola's patent and solve its problem (in this particular case) outright.

A second hearing is scheduled for February, we'll see how things progress then. By the way, Apple is sued for that exact same patent in the US, too, but things seem to be going better for the iPhone maker there (that case hasn’t been resolved yet, either).

The world of patents is very complicated and often confusing. You can read FOSS Patent's blog post on the courts ruling if you have a head for such legal matters.

Source: GSM Arena
 
http://www.engadget.com/2012/02/23/shanghai-court-rejects-ipad-ban/

The legal tussle between Apple and Proview over the iPad has swung in Cupertino's direction. According to Chinese news outlet Xinmin, a Shanghai court has rebuffed Proview's demand for an injunction halting the sale of the Apple tablet due to licensing issues. The Pudong New Area People's Court made the decision yesterday, stating that while the Guangdong court case has yet to make a final decision on who owns the "iPad" trademark, there wasn't enough evidence on Proview's side to honor an injunction.

For those who've just caught up with the story, here's a quick overview: starting in 2000, Proview's Taiwan branch registered the "iPad" trademark in several countries, with the Shenzhen branch doing the same in China. Apple then bought worldwide rights from Proview Taiwan, which would have included China. Proview Shenzhen, who has gone into debt restructuring since 2010, is now saying that it never authorized its Taiwan counterpart to do so, but Apple claims that it has Proview Shenzhen's signatures on the paperwork. It looks like eventually it's going to get easier to grab that iPad in China, though if Apple's appeal case in the Guangdong court fails, then Proview could easily strike again with more ammo.
 
Its just a breather for Apple. However, sooner or later, Apple will 'photoshop' the evidence and claim that they were unjustly sued. Then they will sue back Proview. Let more crap begin.
 
Apple will be destroyed soon! When that happens, a lot of folks here are going to party like there's no tomorrow. Apple's loss is OUR victory
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