Shanghai court to hear iPad name suit

   Date:2012-02-01

A Shanghai court is to hear a case where Apple is accused of infringement by a Shenzhen-based company for using the iPad trademark on the Chinese mainland.

On February 22, the Pudong New Area People's Court will hear a suit filed by Proview Technology (Shenzhen), which follows a verdict in November when a court in Shenzhen in Guangdong Province rejected Apple's demand for control of the iPad trademark on the mainland from Proview.

After losing the casein Shenzhen, Apple appealed to the Guangdong Province Higher People's Court demanding the control of the trademark and compensation of 4 million yuan (US$634,095).

Proview says it registered the trademark in 2001 and has held it since then. Apple argues it gained the trademark in 2006 from UK-based IP Application Development (IPAD).

In 2006, Proview Electronics (Taiwan), which heavily invested in setting up Proview Technology (Shenzhen), agreed to sell the "global iPad trademark" to IPAD for 35,000 pounds (US$55,104), and the UK company transferred the trademark to Apple.

The "global iPad trademark" included trademarks Proview Electronics (Taiwan) registered in a number of countries and regions between 2000 and 2004. Proview Technology (Shenzhen), however, said the trademark for the Chinese mainland was not included in the 2006 deal because the Shenzhen company held it and not the Taiwan one.

The Shenzhen court ruled there was no proof Apple had got the trademark from Proview Technology (Shenzhen).
 

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