Mon, May 28, 2012, 7:56 AM EDT - U.S. Markets closed for Memorial Day

Company suing Apple over iPad name open to talks

Company suing Apple over iPad trademark in China says open to talks

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SHANGHAI (AP) -- The lawyer for a Chinese company suing Apple Inc. in China over its use of the iPad trademark indicated Tuesday that his client would be willing to discuss a settlement.

Xie Xianghui, lawyer for Shenzhen Proview Technology, said that since no final decisions have been reached in various legal disputes over the issue, both sides are "still able to sit together and reach an out-of-court settlement."

Proview claims ownership over the iPad name. Apple says it bought the rights to the name in China and other countries in 2009, but that Proview failed to transfer the rights in mainland China as agreed.

Apple had no comment on the issue of a settlement. Its spokeswoman, Carolyn Wu, reiterated the company's belief that Proview has failed to honor its agreement with Apple.

Proview accuses Apple of acting dishonestly when it bought rights to the iPad name from its Taiwan affiliate and is seeking to prevent sales of the popular tablet computers in China. It has filed lawsuits in several places and has requested that commercial authorities in 40 cities block iPad sales.

A hearing is set for Wednesday in a Shanghai court. Meanwhile, Apple has appealed an earlier ruling against it in a court in Shenzhen, a city in southern China's Guangdong. The Guangdong High Court is due to hear that case on Feb. 29.

According to Xie, late last week a lower court in Huizhou, another city in southern China's Guangdong province, ruled that distributors should stop selling iPads in China.

But that ruling may not have a far-reaching effect since the High Court appeal is still pending.

Many in China expect the two sides to eventually reach a settlement rather than continue to battle in the courts. Chinese are just as crazy about iPads as consumers anywhere else and the devices are manufactured in China, employing hundreds of thousands of people.

Apple, based in Cupertino, California, insists it holds the trademark rights to the iPad in China, having purchased them through a company set up for that purpose for 35,000 British pounds ($55,000).

A court in Hong Kong, which has a separate legal system from mainland China, ruled in July that Proview had acted with the intention of "injuring Apple."

Proview, a maker of LCDs, registered the iPad trademark in China in 2001 for an "Internet Personal Access Device" computer that employed touch panel technology. It contends that the 2009 sale was not legally binding.

So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level.

 

18 comments

  • Henry 3 Dogg  •  Ilford, United Kingdom  •  3 months ago
    How do you enter discussions with a company with whom you reached an agreement years ago. Sold them something. took the money, and then failed to deliver part of what had you had sold them. And then publicly misrepresented the situation and used legal processes to harass them.

    Why should they believe a word you say now, when you have not met the commitments that you made before?

    Probably the best course is to immediately stop the harassment, meet all existing commitments, and publicly apologise about the "misunderstanding".

    That way you may have something left, when the lawyers have finished.
    • YAHOO! 3 months ago
      Apple had an agreetment with Proview to cover many contoutries, but not China.
  • Bryan  •  Brisbane, Australia  •  3 months ago
    That's a bit of a double standard when you consider that the chinese government doesn't "recognise" international copyright law and goes about using what ever technologies they like [with paying royalties] but when it is a chinese company that has apparently been wronged...
  • Cup of tea  •  3 months ago
    35,000 British pounds ($55,000)?
    I smells some fishy stuff.
  • AstoriaLL  •  Washington, District of Columbia  •  3 months ago
    They should resolve it from the courts.
    Any forms of looters behavior should not be encouraged.
  • Its c  •  Toronto, Canada  •  3 months ago
    Its about the law business. Its about profit, and its about opportunists. This is the price of doing business. Its a question of philosophy as to the various options, even if products were manufactured elsewhere such as mid Africa (which is an opportunity that is subsequently mostly ignored by the West), the issue of selling in China regarding copyright would still come up, albeit it would be less potent. This is a case inwhich the legal system temporarily is hindering profit or benefit. Its merely interesting and is not a surprise and there are levels of corruption present everywhere.
  • BOJB12  •  3 months ago
    A rose by any other name smells - fragrance. An iPad, by any other name, still works - great. But, on the other hand, A Chinese company, intent on blackmailing, by any other name .... ?
  • MARK  •  Lenexa, Kansas  •  3 months ago
    A Chinese company suing for copy right. Ha ha ha ha ha , this is the best joke ever , they copy everything , I'm surprised the did not copy a burger from burger king .
  • A Yahoo! User  •  3 months ago
    I am not a fan of China.
  • j.l.  •  3 months ago
    They really believed in the honesty of a Chinese company? (Think all fake products of name brand items being made by China.) Why weren't they being proactive and making sure that the company abided by their agreement? If I was Apple, I would move all manufacturing out of China.
    • A Yahoo! User 3 months ago
      Are you kidding me....American's might get a job then what would the unemployed do?
  • Ray  •  3 months ago
    That's a lot of laugh. A Chinese company suing for copyright infringement. The nerves of these people
  • lbcoach  •  Indianapolis, Indiana  •  3 months ago
    China suing over a trademark infringement?!?! POT-KETTLE-BLACK.
  • WilhemenaCooker  •  Intercourse, Pennsylvania  •  3 months ago
    they're ticked off 'cause Jobs put one over on 'em - pulled a Gates/DOS thing by getting the iPad name so cheap - silly CHICOMs - respect contracts and International law and maybe you'll get some respect - otherwise you're nothing more than tools of global commerce
  • Ed Invest  •  Pleasanton, California  •  3 months ago
    The Chinese believe that ultimately everything originated in China because they have a history of 5,000 years. I am afraid we are helping them with this belief.
  • Joe C  •  Providence, Rhode Island  •  3 months ago
    China steals usa tech every day, this must be a joke !!!
  • FriendsThatMake  •  Islip, New York  •  3 months ago
    Solution, Apple make your products in the USA. Your Products obviously support USA manufacting cost structure. Yet you still choose to manufacture in a communist country. A made in the USA Apple believe it or not will make you product much more attractive worldwide. Help your own loyal country, not one that wishes to Steal from you.
    • Anonomous User 3 months ago
      how is a $2000 ipad more attractive than a $500 ipad?
  • Bong  •  Singapore, Singapore  •  3 months ago
    Don't think they even care for the name or copyright infringment for their iPAD product. What they are concern is taking a HUGE bite at Apple by forcing Apple to pay a huge sum of money to them.
  • THE LORD  •  3 months ago
    A Chinese company suing for copy right infringement is like the republicans telling the American people...Don't worry. We need all the money we can get so we can let it trickle down to you bottom feeders and if that fails...We will strip SSI to the bone to pay for it.
    • First Last 3 months ago
      No, it's more like the Democrats who hiss, "trusssst in me..."
  • Jimmy D  •  3 months ago
    If it comes to questioning the integrity of the US versus the Chinese,
    wait integrity and US don't go together in a sentence, my bad.
    My guess is that Apple's rotten to the core.
 
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