Apple iPad trial the case of Mainland China trademark battle

 Ipad Taipei Proview can transfer the mainland of China Trademark

and

2009 years, Apple has reached an agreement with Proview, Proview Taipei will iPad global brand to £ 35,000 price to Apple.

(This article Source: Dayang - Guangzhou Daily)
iPad Jinmai £ 35,000 mark then

from 2010, Apple introduced a personalized Tablet PC iPad, available immediately swept through one of the world, caused panic buying, and even become a fashion label. However, when the Mainland in the iPad, it sparked a trademark on the iPad ownership disputes in the Mainland, a Taiwan-based enterprises Proview Shenzhen vested all.

Focus 1


When the industry speculation,

Yang counsel, Proview Proview CEO Yang Rong Mountain is both head of the company in Taipei, but also the legal representative of Shenzhen, Proview, authorized to sign the macro world wheat related transfer agreement, legal Proview Shenzhen binding.


Taipei iPad Proview even without the right to dispose of the trademark, but the conduct of companies in Shenzhen Proview Proview caused Taipei's representation of the appearance of the company, the Shenzhen Proview should be held accountable.

IP Application Development Company Limited (hereinafter referred to as

two plaintiffs asked the court, an order registration number 1530557 borne by the defendant.

Focus 2

completed yesterday's court hearing debate on mediation and the court session, the case is under further investigation.

Lawyer that the plaintiff provide the core evidence for 26 e-mail, IP companies can prove that the plaintiff and Taipei association between Proview. Mainland China's two trademarks are the Proview Shenzhen, the two plaintiffs to mark 2 of the mainland of China Taipei, Proview property rights as the plaintiff's fault.

For this, refer to the Supreme Court for Lawyer, contracts, official seals, stamps and other elements of the formation of apparent agency, apparent agency therefore not part of the case, the Shenzhen Proview should not take any responsibility.

He pointed out that Taipei Proview IP company and the transfer agreement between the Article 11, before the draft, promises, guarantees and other arrangements written or oral, become void, subject to formal agreement. Therefore, even if the email content is true, it does not count, the agreement shall prevail.

2006 launch, Apple started planning iPad found, iPad Proview trademark owned company, so to remove the ground idle trademark in the United Kingdom company sued Proview Proview win trademark lawsuit .

Event Review

companies, including mainland China, a trademark transfer agreement. After signing the agreement, the British company to Proview IP Taipei company paid £ 35,000 to buy all of the iPad trademarks, and IP companies in the UK price of £ 10 will mark all the rights and interests iPad transferred to the

the case whether it is apparent agency

(Reporter Wang satisfied) yesterday, Shenzhen, formal confrontation.

Proview Shenzhen attorney argued that the right of trading in Taipei did not belong to Proview Proview Shenzhen trademark, although the plaintiff claimed that the Taipei Proview Proview headquarters in Shenzhen, but from the shareholder structure, business registration, etc. point of view, the main body of the two companies is different. The fight in the courts say,

Proview, and IP companies also signed a trademark involved

the cause of the trademark dispute dates back to 2000. From the beginning the year, Proview Proview owned company in Taipei, respectively, in multiple countries and regions registered trademark iPad, 2001, International's Proview Proview Technology (Shenzhen) Company has trademarks registered in the Mainland of the iPad the two categories. At that time Apple has not introduced iPad tablet PC products.