At a court in California, yesterday, China-based Proview Electronics’ ambitions to stop Apple from using the trademark term – iPad in China were dashed to the ground, when Judge Mark H. Pierce dismissed all accusations against the Cupertino-based company. In a case filed at a state court in San Jose, the China-based company cited that a December 2009 agreement for the sale of the iPad trademarks to an Apple unit called IP Application Development Ltd. should be canceled. Further, according to the case filing by Proview Electronics, the Apple unit did not come out clearly to the China-based company during their talks before the agreement came through. Apple Inc., on the other hand managed to turn the tides by stating that according to the agreement, both the parties should resolve their differences in Hong Kong. According to a Bloomberg report Judge Mark H. Pierce was quoted as saying that Proview “does not, in opposition, present evidence that demonstrates that enforcement of the forum selection clause is unreasonable or unfair.”
Woes to end?
Both, China-based, Proview Electronics and Apple Inc. have been battling it out in China, over the trademark term – iPad, which each of them claims belongs to them. Proview Electronics, according to previous reports took Apple to court stating that the trademark term – iPad belongs to them in China, hence Apple is unlawfully using it; Apple, on the other hand has been claiming that it had acquired the global rights for the use of the term, iPad (even in China) and hence can use the term for their tablet computer in China. Following an escalation of the battle, Proview put into effect a temporary impoundment order, following which scores of iPad tablets were pulled off stores, thereby causing a dent in the profits of the company, for whom China is an important market. According to one of our reports, yesterday, it was revealed that the warring companies may be headed towards an out-of-court settlement, in which Apple would be required to pay a cash-strapped Proview compensation.
Publish date: May 9, 2012 10:19 am| Modified date: December 18, 2013 10:13 pm