Law - Ipad China Pattern

Trademark battle, David and Goliath.

Recently, a new development occurred in the case of “Proview Technology” vs. “Apple”. “Proview Technology” is a Shenzhen based Company, producing flat panel display technology, which is trying to stop “Apple” from using the iPad name in Mainland China. In Huizhou for example, authorities have banned the product. The sale of iPads is forbidden, citing the legal dispute. For example, when searching for iPad on Amazon.cn, we are able to find accessories, but not the tablet itself. Amazon has removed the tablet from its Chinese website. “Proview Technology” raised a new accusation over “Apple”, and has filed a lawsuit in Santa Clara because “Apple” allegedly deceived “Proview Technology” to buy the trademark. Apparently, “Apple” created a special purpose entity called “IP Application Development Ltd” (or IPAD), in order to buy the name IPAD, concealing Apple’s role in the purchase. We don’t pay the same amount of money if you are “Apple” or a random company.

A short history to understand the context is necessary; the issue concerns the rights to use the brand iPad in China. Originally, iPad is an Internet Personal Assistant Device. In 2009, the name iPad was purchased by “Apple” from the Taiwanese affiliate’s “Proview Technology” for about $55,000. However, the main issue concerns where “Apple” is able to use these rights. Indeed, according to the Shenzhen Company, “Apple” bought the rights to use the iPad’s name in all over the world, except in Mainland China, where the iPad is made.

”Proview Technology” has previously filed a lawsuit against “Apple” in its homeland; this battle over trademark escalated to a higher level. “Apple” is now being sued in California. Even though the Shenzhen court has sided with “Proview Technology”, a Hong Kong court and a Shanghai court have already ruled in Apple’s favor. Actually, concerning the lawsuit in China, the case is still pending because “Apple” has appealed the decision. Some might...