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Chinese court rules to halt iPad sales

by Kelly Hodgkins Feb 20th 2012 at 10:00AM

Proview continues to battle Apple in China's court system and has scored a win in the Intermediate People's Court in Huizhou. The court ruled that distributors in Huizhou, a small city in Guangdong province, must stop selling the iPad immediately. Proview has filed several lawsuits against Apple in China and is asking officials in 40 cities to stop iPad sales.

Apple insists it owns the right to the iPad trademark and purchased it from Proview legally several years ago. Apple Spokesperson Carolyn Wu said, "We bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter."

The Chinese courts, however, are siding with the Asian company and have upheld the company's claim that its Taiwan affiliate sold the trademark without the company's authority. Proview has asked for an import/export ban against the iPad and is asking for monetary damages. Proview is reportedly struggling financially and would benefit greatly from a big win against Apple.

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Proview continues to battle Apple in China's court system and has scored a win in the Intermediate People's Court in Huizhou. The court...
 

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8 Comments

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Ji

@theGweed - Not sure what makes you so jumpy about this but I was simply pointing out the fact that patent laws vary country-by-country and Apple needs to know that. I'm sorry if you were a victim of counterfeit Apple products but I myself was also TIRED of people attacking other commenters with no ground or manner..

February 21 2012 at 9:52 AM Report abuse rate up rate down Reply
TheGweed

I am so tired of China. And people like Ji.

Look Apple didn't drop the ball nor did they assume anything. They have a fairly strong set of attorneys. Proview sold them something they didn't own, the rights to China, so Apple should be all over Proview for misrepresentation. You don't have to be in every country to make an agreement that covers those countries. This has nothing to do with jurisdiction. It has everything to do with the China making its own set of rules. They always have. They are the proverbial cat calling the kettle black.

Funny that it has taken them 3 years to sue. Maybe, no, not maybe, the success of the iPad DID influence them to sue. Joe got it right. Suddenly China is interested in intellectual property rights. For now.

Like I said, I am SO tired of China. Apple could buy China and have lots of money left over. That would solve the problem. They might even free the people. What a great concept; freedom for the people.

February 20 2012 at 1:37 PM Report abuse rate up rate down Reply
Ji

Well, back in 2009 Apple set up a new company in Britain ("IP") to acquire iPad brand name from Proview. Kinda sneaky isn't it? To me it's obvious that Apple dropped the ball when signing the contract with Proview. How could you assume that Taiwan/Hong Kong's jurisdiction system covers mainland China?

February 20 2012 at 12:14 PM Report abuse -1 rate up rate down Reply
a1adam12

So, Proview's affiliate in Taiwan sold the trademark without it's authority. How is this Apple's fault? It seems as if Proview should be suing itself...

February 20 2012 at 11:22 AM Report abuse +1 rate up rate down Reply
1 reply to a1adam12's comment
Rick Ludwig

Actually, what it seems like is a wife sells a fender from the family car, a guy buys the fender and uses it in his cherry condition car, then the husband sees how well the guy's car is working for the guy and says "My wife had no right to sell the fender, I demand that you pay me 30 times what the car was worth! I can't sell the car because someone might confuse my beat-up, POS with your Cherry-condition sweet sports car!"

February 20 2012 at 2:20 PM Report abuse +1 rate up rate down Reply
1 reply to Rick Ludwig's comment
fv

No, I think this is more like: The headquarter of your company opens a subsidiary in another country and a crook manager of this subsidiary sells a local company the rights to produce that same car around the world... when you start producing and making tons of money with it the company that owns the right of the car sues you because they never sold you anything and the company that sold you didn't have authorization to sell. You who are producing the car have all the right to sue the company that sold you the right without own it but should negotiate with who really owns the right so you can keep selling it.

February 20 2012 at 5:34 PM Report abuse rate up rate down
Rick Ludwig

Proview is asking for something like $1.6 Billion. If I were Tim Cook, I would spend $5 Billion to change the iPad's name world-wide, and not give Proview a penny. Next, I would SUE Proview for intellectual property (stealing the original iMac's design).

February 20 2012 at 10:46 AM Report abuse +1 rate up rate down Reply
Joe

Given the widespread and seemingly sanctioned availability of fake products in China it's a bit rich to hear that the Chinese courts are suddenly interested in intellectual property rights.

February 20 2012 at 10:33 AM Report abuse -1 rate up rate down Reply
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