Print 46 comment(s) - last by BarkHumbug.. on Dec 12 at 10:47 AM

Apple stands to lose more than a billion in compensation in the case

In the rumor stages leading up to the launch of the iPad in 2010, there were several names thrown around for Apple’s tablet. Many thought that the device would land as the iTablet and when it did land, the iPad name was made fun of by many because it sounded like some sort of feminine hygiene product.
Not many people are poking fun at the iPad now that it is selling in droves and dominating the tablet market.
Apple, however, has hit a snag in China, one of the areas where big growth for tech firms is predicted. A Chinese firm called Proview Technology has filed a suit against Apple for infringing on the iPad trademark that it holds in the country. Proview apparently field for the trademark on the iPad name back in 2000 before Apple put the tablet with the same name onto the market.
Making the story more interesting is the way that Apple was able to get access to the trademark for use in Britain. Fox News reports that Proview Taiwan had sold the global trademark to a company in the UK, who then transferred the trademark to Apple. However, the iPad name in China was apparently not part of the sale to the UK firm and still lies with Proview.
A Chinese court has ruled that Proview owns the trademark for the Chinese market and Apple is at fault for selling the iPad in China. Proview is seeking more than $1 billion in compensation from Apple in the trademark infringement case.

Source: Fox News

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By cjohnson2136 on 12/7/2011 2:18:50 PM , Rating: 4
I believe that is the sweet smell of irony.

RE: Irony
By The Raven on 12/7/2011 2:31:07 PM , Rating: 5
Yes, but it is mixed with the sour smell of broken IP law.

RE: Irony
By kraeper on 12/7/2011 2:35:30 PM , Rating: 5
IP law is indeed broken, but this was a simple trademark case. A $1B loss might slow Apple's lawsuit march down a little.

RE: Irony
By ApfDaMan on 12/8/2011 4:31:32 AM , Rating: 2
A $1B loss might slow Apple's lawsuit march down a little.

Doubt it.

RE: Irony
By The Raven on 12/8/2011 12:08:48 PM , Rating: 2
IP law is indeed broken, but this was a simple trademark case.
Simple trademark case? I take it you have never heard of Apple, Inc. before.

This is merely a battle in a giant war.

RE: Irony
By cknobman on 12/7/2011 2:42:50 PM , Rating: 2
Your confusing trademark with patent

RE: Irony
By ProZach on 12/7/2011 4:13:27 PM , Rating: 2
Yes, I believe this is more alike Apple's attempt to trademark the word "multitouch" as being exclusive used on only their iTems(tm).

In this case Apple apparently used an already trademarked name. The iRony makes me Funnie-Laughey(tm). <-that's my trademarked heckle, I call keep-offsies!

RE: Irony
By Namey on 12/7/2011 4:43:24 PM , Rating: 5
™ ...use it, love it

RE: Irony
By The Raven on 12/8/2011 1:59:57 PM , Rating: 2
I think you guys are confusing ™ with ®.

...use it, love it. ;-P

RE: Irony
By Reclaimer77 on 12/7/2011 7:32:46 PM , Rating: 1
Don't forget when Apple threatened to sue the city of New York because the new "Big apple" logo looked too much like Apple's. What a bunch of bullying assholes lol.

I can understand, not condone, Apple suing competitors. But the city of New York? How exactly would that cause Apple to lose profits and recognition in the consumer space?

RE: Irony
By bah12 on 12/7/2011 4:22:49 PM , Rating: 1
A Chinese court has ruled that Proview owns the copyright for the Chinese market and Apple is at fault for selling the iPad in China. Proview is seeking more than $1 billion in compensation from Apple in the copyright infringement case.
And the author is confusing Trademark with copyright too :)

RE: Irony
By VERBW on 12/7/2011 5:51:07 PM , Rating: 2
And the author is confusing Trademark with copyright too :)

And "loose" with "lose", but that's another story

RE: Irony
By The Raven on 12/8/2011 1:56:28 PM , Rating: 2
cknobman is confusing "your" with "you're" also.
But I think you are confusing "the DT comments section" with "a doctoral thesis".

RE: Irony
By The Raven on 12/8/2011 1:53:00 PM , Rating: 2
No I am not, and don't remind me ;-).

Trademarks are part of IP law.

RE: Irony
By Kugar on 12/9/2011 9:06:36 PM , Rating: 2
No he isn't.
Trademarks, copyrights, and patents are all forms of Intellectual Property (IP).

RE: Irony
By NellyFromMA on 12/8/2011 9:29:55 AM , Rating: 3
Lol... China doesn't care about IPs other than domestic ones... It's issues are not equal to the 'broken IP laws' of the USA. It's an entirely different beast.

This is nothing more than China trying to exploit one of the USA's most profitable company's for a chance at a money grab.

And that's about it.

RE: Irony
By MechanicalTechie on 12/7/2011 7:55:53 PM , Rating: 4
So true.. thank god for the chinese!!

But where is Tony??? Where is the iTool? I can't wait to hear him try and justify Apples position

RE: Irony
By gorehound on 12/8/2011 8:23:12 AM , Rating: 4
I do not think I have any sympathy for Apple.
What goes round comes round !

Buyout time
By Flunk on 12/7/2011 3:32:46 PM , Rating: 5
Apple should buy Proview and then fire all the staff members. That will show them what Apple is really about.

RE: Buyout time
By Solandri on 12/7/2011 4:29:59 PM , Rating: 5
Unlike Western nations, the Chinese government won't let a foreign entity own a Chinese company in its entirety.

Did anybody actually bother to read the article?
By MikhailT on 12/7/2011 10:18:48 PM , Rating: 4
Proview's Taiwan based unit had sold the "global trademark" to a U.K.-based company called IP Application Development for £35,000 ($55,104) in 2006, the Shanghai Daily reported Wednesday. That company then transferred the trademark to Apple.

But Proview Technology (Shenzhen) says the trademark for China's mainland market was not included in that agreement because the company's Taiwan unit did not own it at the time.

Note the "global trademark" being sold to Apple from the Taiwan unit of the every same company. Logically, Apple shouldn't have to pay any damages, except that they can't use iPad anymore in China. They'll just rebrand it something else or settle out of court to get the chinese trademark, I seriously doubt it'll be more than a couple of million of bucks.

By MikhailT on 12/7/2011 10:53:38 PM , Rating: 4
If you read the news story here from China:

The Hong Kong court found that Apple and IP Application, while drawing up the agreement for that sale, discovered the two mainland iPad trademarks were not owned by Taipei-based Proview Electronics as they were led to believe, but by Proview Technology.

Apple said the defendants, while acknowledging the mistake, refused to rectify the matter and asked Apple to pay US$10 million for the two trademarks. Apple and IP began their action against the Proview group on May 20 last year.

By BarkHumbug on 12/12/2011 10:47:39 AM , Rating: 2
Just rename it to "iPaid" and be done with it... ;)

By chmilz on 12/7/2011 2:44:51 PM , Rating: 5
That is all.

By sprockkets on 12/7/2011 6:33:30 PM , Rating: 2
What? Apple is "slavishly" in its trademark infringement? Say it ain't so.

By muhahaaha on 12/8/2011 10:58:10 AM , Rating: 2
They're trademarking it wrong

By shadowamazon on 12/7/2011 4:44:02 PM , Rating: 4
it may garner some sympathy for the situation. But this is the company that is dead set on a war path to destroy everyone else. Good thing someone is putting a stop on them, evil or not evil.

By Motoman on 12/7/2011 6:46:12 PM , Rating: 4
...f&ck Apple.

iPad name
By wallijonn on 12/7/2011 5:51:16 PM , Rating: 3
Seeing as iPads are made in China, if the name appears on any packaging then that company can probably confiscate all goods labeled "iPad". If they can also prove that it is embedded in the BIOS or Info of this Computer, again they may have the right to confiscate, if not destroy, all products which may be in violation of their trademark.

Want some pancakes?
By The Raven on 12/7/2011 2:33:29 PM , Rating: 2
They could call it "Love Symbol #2"... the rip off version is still going to sell like hotcakes.

That's $1 billion less...
By BugblatterIII on 12/7/2011 3:08:53 PM , Rating: 2 destroy Android with.


So how do you like them apples?
By petrosy on 12/7/2011 5:59:18 PM , Rating: 2
Pun intended!

Poor Planning
By mchentz on 12/7/2011 6:42:09 PM , Rating: 2
I'm not an Apple fan, but one would think a company like Apple would make sure they owned the name before putting the product on the shelves in that country.

Another side of this story...
By Mugur on 12/8/2011 2:02:42 AM , Rating: 2
... is that, as a fact, the iPad name was used before Apple thought to give it to its tablet. :-)

I thing I owned a TV tuner made by one of the Proview companies; they were making video capture equipment back in the days.

By masamasa on 12/8/2011 11:08:27 AM , Rating: 2
Now that's surprising.

Apple dint invent swip
By KOOLTIME on 12/8/2011 12:14:24 PM , Rating: 2
LOL, Appl did not invent the swipe unlock, as touch pads have been around on laptops for decades. A touch pad or touch screen has only 2 functions associated with it.
1. Tap action
2. swipe action.

Thats the only 2 actions any touch type system ever has had, and apple did not invent that. They ported swipe and tap to the phone but thats not a new invention like it never existed before and they owned swiping on a touch system.

How can anyone not understand how a touch screen or touch pad works only 2 actions occur, tap or swipe/drag, those have been about since the 1st laptops have had build in touch pads on them long before apple produced such items. Swiping in a direction is not patent able, as the touch device original design is to move the mouse in all 360 degrees same as a mouse moves, so there is no directional precursor to even remotely patent, especially since the movement original design is not theirs to begin with.

By luseferous on 12/7/2011 2:41:13 PM , Rating: 2
Waiting for the Its ok for Apple to copy but no one else can debate to flare up.

Or will it be Android stoled iOS and deserves to be killed off. Apple would never dream of copying anyone else's ideas.

Excitement mounts...

RE: 5...4...3...2...1
By Shadowself on 12/7/11, Rating: -1
RE: 5...4...3...2...1
By brshoemak on 12/7/2011 5:03:35 PM , Rating: 1
Apple buys those global rights from IP Application Development an believes it has global rights to the iPad name.

That's the reason you read the (#expletive deleted) contract. Belief of having legal rights is not the same as ACTUALLY having legal rights. That's why even though I believe that if I pay for music on iTunes (which I don't) I believe that I should have the rights to it - but Apple's 4000+ word EULA says differently. I should've read the contract first.

RE: 5...4...3...2...1
By Shadowself on 12/7/11, Rating: -1
RE: 5...4...3...2...1
By Shadowself on 12/7/11, Rating: -1
RE: 5...4...3...2...1
By luseferous on 12/8/2011 1:04:55 PM , Rating: 1
How is Apple copying anything? How is Apple stealing anything?

Didn't say they were. (but they have)

I just said I was waiting for the argument to flare up even though this is barely related to the issue. I had a thought about extending Godwin's law just for this site and anything phone or tablet related. ;)

By fic2 on 12/7/11, Rating: -1
RE: Shocked
By Orac4prez on 12/7/2011 5:28:01 PM , Rating: 3
Of course, they have courts! They rolled over dissenters in Tianamin Square legally and will do the same to Apple.

As for IP, you forget. The world is part of China (they have maps to prove it) and so you only have rights as long as you abide by Chinese rules. They don't counterfeit anything! You western scum fail to properly register products in China first and therefore are violating Chinese law by selling to the rest of the "world" without their explicit approval. As the products are produced by the Middle Kingdom, the documentation shows that Chinese were the first to properly articulate (ie write in Chinese) the new discoveries and products. Documents written in other languages are inferior and therefore are not considered original until translation!

By Wererat on 12/7/11, Rating: -1
RE: Translation
By retrospooty on 12/7/2011 4:39:58 PM , Rating: 3
Well, if that's what it takes to give Apple the smack-down, then good.

I say Xièxiè China !

"Death Is Very Likely The Single Best Invention Of Life" -- Steve Jobs

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