iPad trademark battle in China blocked from getting into California

iPad trademark battle in China blocked from getting into California

Apple and Proview are duking it out in China over the iPad trademark, but stateside, a California judge recently tossed out the case. Judge Mark Pierce from the Superior Court in Santa Clara dismissed the comaplaint, letting it fall to Hong Kong courts to decide what happens with the iPad name. Apparently leaving the fight in Hong Kong is what Apple and Proview had originally agreed on, though Proview later said it was unfair to do so, but didn't provide any evidence of why that might be. Still, Proview lawyers weren't too happy with this outcome and issued a statement:

We are looking forward to presenting the facts in the case to the appellate court, and we are confident that the facts will show that Apple fraudulently obtained the iPad trademarks.

Apple has claimed that they rightfully acquired the trademark back in 2009, but Proview said the rights were fraudulently sold to Apple through a UK company. It's entirely possible that Proview will try their luck elsewhere in the world; if Samsung's legal tiffs with Apple have proven anything it's that these litigations have a habit of spreading anywhere in the world where either side has a remote chance at landing a solid ruling.

I can only imagine that Proview has asked an exorbitant settlement fee from Apple; the question that remains is whether Apple should just cough up to get this over with, or hold out and likely win the case, but severely slow (or stop) the sale of iPads in China over what will likely be a long legal battle.

Source: WSJ

Simon Sage

Editor-at-very-large at Mobile Nations, gamer, giant.

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There are 4 comments. Add yours.

NickD says:

its not like china has been ever known to rip off anyone? haha. I can name a few products. Purses, shoes, glass, all types of smart phones, electronics, shirts, pants, and the list can go on.

SockRolid says:

"Designed and successfully defended by Apple in California.
Assembled in China."

eric6052 says:

This whole court battle over every aspect of any piece of technology we use is getting ridiculous. From patents,trademarks and trade dress we can't seem to escape this whole ordeal. It seems like in this case Apple could cut a check to end it but they seem willing to battle it out. It's funny because so many of us mocked the iPad name when it was announced and here's Apple at least standing b,ynthere choice.