US court tosses out Proview's IPAD trademark gripe
Monitor biz and Apple told to end spat in China
A US judge has thrown out the case brought by Proview that accused Apple of tricking it into selling the "IPAD" name for less than it should have.
China's Proview filed the case in February, claiming that Apple had deliberately created a special company called IP Application Development (IPAD) just to talk Proview into handing over the trademark. The IPAD firm told Proview that it would not compete with it, but didn't say why it needed the name, which the Chinese firm said was fraud.
However, Judge Mark Pierce dismissed the case last week after agreeing with Apple that the situation had to be sorted out in Hong Kong, not the US.
"[Apple] provides evidence that plaintiff specifically requested the Hong Kong forum and is litigating there currently,” Pierce wrote in his decision, seen by Bloomberg. "[Proview] does not, in opposition, present evidence that demonstrates that enforcement of the forum selection clause is unreasonable or unfair."
The news comes as Apple and Proview's mediation talks in China rumble on, although reports claim that the two firms are getting closer to a settlement.
Apple has always maintained that it bought the worldwide rights to the trademark fair and square for £35,000, but Proview has said that it laid hands on the name unethically and that the rights Apple ended up with do not cover China. ®
A little old lady comes round to see your house. She's a lovely old soul and you happily sell to her.
A while later, it turns out she was the front for a large supermarket company and the house you sold will be incorporated into a bigger plot they own to build a massive supermarket.
I don't think companies are completely at liberty to make any kind of misrepresentation they fancy during commercial transactions.
Re: read the article
Actually, it's a Hong Kong court, which means it's less morally bankrupt than the US legal system. By the way, which place regularly ranks as the best place on earth to do business because of its commitment to the rule of law, property rights and determinedly small government? Is it the US, perchance?
Still, it's ' China', so fuck wits like the previous commentard will have their say.
read the article
Remains to be proven, but the article states that "IPAD" was not going to compete with Proview.
As Proview makes Screens and of course the posibilty of touch screen devices, it would be clear misrepresentation on Apples part (big surprise there). The Judge didn't rule on this aspect, he mere pointed that the the plaintiff (Proview) was the one that requested the court venue of Chine, so the case should be decided there.
Of course I think Apple is the looser as China is more corrupt than Apple, and will be more likely to have a favorable ruling for a Chinese company rather than a Irish/Dutch* one.
*Yes Apple is NOT an American company, they pay what little taxes they do to Irish and Dutch governments. As a non-American company they really should be forced to pay a duty on the slave labor they use to produce their products, that honest American companies, paying livable wages can't really compete fairly with.