when Apple are trying to sell it in China
Apple can’t call an iPad an iPad in China, says courtThis other article has the picture of the copyright registration
Press Trust of India, 07 Dec 2011 | 04:03 PM
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Apple bought the rights to use the trademark from Proview Taipei in 2009. However, Proview Shenzhen reserved the right to use the trademark on the Chinese mainland.
Apple, the maker of iPhone and iPad, suffered a setback in China as a court rejected a lawsuit filed by Apple against a local company for alleged infringement of its 'iPad' trademark. Apple may have to sell the product under a new name in China or cough up $1.6 billion.
The verdict effectively forces Apple to purchase the trademark from the Chinese tech company.
The Municipal Intermediate People's Court in Shenzhen, a southern Chinese city neighboring Hong Kong, earlier this week rejected a lawsuit by Apple accusing Proview Technology (Shenzhen) of infringing on its 'iPad' trademark.
Proview Technology (Shenzhen) is a subsidiary of Hong Kong-headquartered Proview International Holdings Limited, which also has a branch in Taipei.
Proview Taipei registered the 'iPad' trademark in a number of countries and regions as early as 2000 and Proview Shenzhen registered the trademark on the Chinese mainland in 2001, long before Apple launched its iPad tablet.
Apple bought the rights to use the trademark from Proview Taipei in 2009 with a payment of 35,000 pounds ($54,616).
However, Proview Shenzhen reserved the right to use the trademark on the Chinese mainland. The two sides have been entangled in a legal battle ever since.
Proview Shenzhen, once a famous flat-panel display producer, is now on the brink of bankruptcy due to debts owed to banks in the wake of the global financial crisis.
Li Su, the President of Beijing-based Hejun Vanguard Group, a leading management consultancy firm, has been entrusted by banks to assume the post of "debt restructuring consultant" for Proview Shenzhen.
"Apple's actions are strange. They had not obtained the rights to use the 'iPad' trademark when they began to sell the iPad on the Chinese mainland in September last year," Huang Yiding of the Hejun Vanguard Group's public relations department was quoted by state-run Xinhua news agency as saying.
"Their copyright infringement is very clear. The laws are still there and they sell their products in defiance of laws. The more products they sell, the more they need to compensate," he said.
China, where a plethora of Apple products are assembled, is also a major market for iPhones and iPads.
Let me get this straight. Apple brought the term "iPad" from a Taiwanese company which has a subsidiary in the PRC. It however did not purchase the right to use the term on the Chinese mainland, but did so anyway, hence the legal shenanigans.
Why the hell did it purchase the name iPad anyway? Is not like they can't call it iTablet or iSlate or something, if they must have the "i" in the name. If they really want the PAD in the name (I have heard that it was called iPad in homage to the PADD device on Star Trek) then why not just call it aPad, or some other letter. Frankly it seems silly to purchase a name when you put all that effort into manufacturing a product, when you can simply make up a name.
If this is true, Apple have no one to blame but themselves for this debacle.