Proview wants to harass Apple, just because Apple is an American company. Despite insisting on out of court settlement, Proview is dragging the argument with Apple which it is calling settlement talks.

Despite selling rights to Apple in a meeting which was attended by its officials from Shenzen and Taiwan, the Chinese company is falsely claiming the rightful ownership of the iPad moniker, only to extort more money from Apple. The corrupt judiciary and government are blindly supporting Proview, on the name of nationalism and patriotism.

According to China’s Beijing Times, Apple pitched a settlement offer to Proview worth 100 million yuan, which amounts to about $16 million dollars. But Proview apparently declined the proposed settlement. This information has come just days after attorneys for Proview admitted publicly that settlement talks with Apple were ongoing.

After a long legal battle that has dragged on for months, Apple remains in no danger of losing the rights to sell the iPad in China (although the new one still is not on sale there yet). But this reality is not going to stop a rabid Proview from pursuing every legal channel possible to apparently get something more than $16 million out of Apple.

However, by the time of this news reports being written, there are unconfirmed reports that Apple is actually willing to settle for 400 million yuan (or $63 million). This claim has not been independently verified.

Source: Modmyi

Proview Declines Apple’s Settlement Offer? is a post from: The Apple Bites

Apple and Proview maybe discussing settlement in their dispute over the iPad trademark in China, but the two companies are unable to reach an agreement despite Proview insisting on an out-of-court settlement.

Proview is aiming at extorting more money from Apple as it has the support from corrupt judiciary and government in China, thanks to their perverted sense of nationalism. On the other hand, Apple, now alone in this fight is trying to solve the matter by offering compensation which we can term as “alms” that may save Proview from inevitable bankruptcy.

Proview is not accepting what Apple is offering.

Roger Xie, lawyer for Proview, told Bloomberg:

“The Guangdong Higher People’s court is trying to mediate this, and both parties are trying to negotiate and come to a settlement. Right now, there is still a big gap between the two sides on the settlement amount.”

Proview is battling Apple over the rights to the iPad name and falsely claims that it still owns the trademark. Apple asserts it bought the trademark from the Taiwanese division of the Chinese company in 2009 which was attended by the officials of Shenzen branch as well. The dispute has made its way to the Guangdong Higher People’s court after Apple appealed a lower court ruling that said Proview owned the iPad name.

In China, currently Apple can sell iPad only in Shanghai. Proview sued Apple in USA and lost.

Source: TUAW

Proview Notes “Big Gap” In Apple’s Settlement Terms is a post from: The Apple Bites

Nobody would have thought that some funky capitalization could cause so much trouble.

Proview, the purveyor of that 90s-era all-in-one called the iPAD fighting on to ensure not to let the rights to the iPad name being owned by iPad maker Apple, despite selling those rights to the latter.

The legal antics started in China, where Proview temporarily managed to get Apple’s tablet booted off store shelves before being rebuffed by a Shanghai court. After defeat in Shanghai, Proview promptly brought the case stateside.

However, earlier this week, the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) declared that Proview is, in fact, the rightful owner of the iPad trademark. The SAIC has so far kept mum about the iPad trademark spat, so its decision to break that silence is sure to carry some weight when it comes time for the Chinese higher court to hand down its verdict.

This statement must be a relief for Proview because if Chinese Higher court delivers a verdict in the favor of Apple, political intervention (out of jingoistic feelings).

Apple had purchased rights from Proview to use iPad name worldwide but Proview is denying that, with an intention to extort more money from Apple. However, the unfair judicial system and government sided with Proview when the trade mark battle between Apple and Proview ensued. Apple is a lone warrior in a battle where the whole system is against it.

Source: Engadget

Image Source

Chinese Official Says Proview Owns iPad Trademark In China is a post from: The Apple Bites

Earlier this week, we reported about Apple and Chinese display maker Proview to be in talks regarding iPad trademark. The dispute between Proview and Apple over the iPad trademark may be nearing resolution.

The Guangdong High Court wants the two companies to reach a settlement over the dispute that started when Proview’s Taiwan subsidiary sold worldwide rights to the trademark to Apple in 2009.

The registration of the trademark was never transferred to China, and financially troubled Proview has been attempting to stop Apple from using the iPad name, in a bid to extort more money from Apple. Many courts also favored Proview, due to some perverted sense of patriotism. Ma Dongxiao, a lawyer for Proview, said:

“It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so. Actually Proview always expected to settle out of court from the beginning. I don’t know if Apple has changed its attitude, but I believe that the key point now is the price.”

Apple spokeswoman Carolyn Wu said that the company had no new comment about a possible settlement. Apple released a statement, mentioning that Proview “still owe a lot of people a lot of money, they are now unfairly trying to get more from Apple for a trademark we already paid for.” Apple has been struggling to retain the name in China due to some Anti-American policies that victimize American investors.

Despite the comments about a possible settlement, a senior official with the Chinese State Administration for Industry and Commerce (SAIC) said that “According to the … provisions of the China Trademark Law, currently Shenzhen Proview is the legal registrant of the iPad trademark.” He must be overdriven by jingoism.

The comments from Fu Shuangjian, a deputy director of SAIC, are the first that have been made from a government official about the case and could very well forecast the direction that the court may rule in favor of Proview. That would most likely mean an expensive settlement for Apple to retain the iPad name in China. Even if court rules against Proview, the possibility of Chinese Government to intervene in the matter (out of jingoism) to ensure Proview having the last laugh cannot be ruled out.

Source: TUAW

Proview Spokesperson Says iPad Settlement “Likely” is a post from: The Apple Bites

After a month, here is latest on the legal tangle involving Apple and Proview in China.

IDG News reported last weekend that the two companies were engaged in settlement talks with an eye toward resolving the issue.

Ma Dongxiao, a lawyer representing the Chinese company Proview, said on Friday the talks were happening, but declined to offer details.

The legal dispute between Apple and Proview is still being deliberated by the Higher People’s Court of Guangdong Province. But earlier this week, the court recommended that both Apple and Proview find a way to mediate the dispute, according to a court spokesman.

Apple has claimed that it used a dummy corporation to purchase the Chinese rights to the iPad trademark in late 2009 as part of a broad deal with Proview’s Taiwanese branch covering several markets and carrying a $55,000 purchase price. Proview, despite selling the rights and aiming to extort more money from Apple argued that the Chinese rights were controlled by its Chinese branch and Taiwanese unit had no ability to sell them to Apple, despite the fact that corporate officers common to both units were involved in the deal. Taiwanese branch of Proview had sold Apple, the rights to use the name iPad, worldwide.

Proview has since filed several suits against Apple, with reports of damage claims ranging up to $2 billion, with the Anti-American judiciary blindly delivering verdicts against Apple. Apple put a brave face against Proview. For its part, Apple has been playing up a Hong Kong court ruling that found Proview and its subsidiaries had conspired to extort millions of dollars from Apple once it was discovered that Apple was behind the trademark purchase. Chinese courts have, however, yet to rule on the issue.

Proview demanded $1.5 billion from Apple.

It is not clear whether the new settlement talks between Apple and Proview are likely to be successful or not. Each side is weighing their chances of winning in court as they decide how far to compromise in the talks.

Source: Mac Rumors

Apple And Proview In Talks To Settle Over iPad Trademark is a post from: The Apple Bites

Apple and Proview have been going through a series court battles against each other over “iPad” trademark. Apple had purchased iPad trademark from Proview years ago. However, Proview is now rejecting Apple’s claim which lead to legal tangle.

Proview is having serious financial problems and trying to extort money from Apple over false claims as Proview sold rights to Apple. Now it is denying that the rights were ever sold.

This week, Apple spokeswoman Carolyn Wu claimed that the Apple was “tricked” into signing an agreement that creates questions about the term’s ownership. Specifically, Apple claims Proview maneuvered the 2009 arrangement through its Taiwan arm while the trademarks in dispute belonged to its Shenzhen subsidiary. Apple further claims this move was an attempt to avoid mainland creditors, as the company is in debt by hundreds of millions of dollars.

Ironically, when “iPad” trademark was Proview’s property, it was Proview’s Taiwanese branch that had registered it as a trademark. So Apple did not do anything wrong by purchasing rights from the Taiwanese branch. Proview also had the Anti-American judiciary in China on its side which gave verdicts in the favor of Proview, ignoring all evidence provided by Apple.

However, now nearly bankrupt, Proview is requesting an out of court settlement while demanding US $1.5 billion from Apple. They reduced this amount after Apple’s refusal, in a bid to negotiate with Apple.

Source: TUAW

Apple Accuses Proview Of Misleading Courts And Customers is a post from: The Apple Bites

Apple is already facing uncertainty over ownership of the iPad trademark in China. Now there is more headache for Apple. Apple has filed a complaint demanding a local Chinese luggage vendor drop the EPAD trademark it uses on its products.

On 2 February 2012, Chinese firm EBox Digital Technology Product received a complaint from Apple. The complaint asked the company to give up the EPAD trademark because it closely resembled the iPad name, a spokeswoman with EBox said on Thursday, 1 February 2012. The complaint had been filed through China’s trademark office.

EBox is a maker of laptop luggage case. It has been using the EPAD trademark on its products. The spokeswoman said that EBox did not have any plans to use the EPAD name for any electronics or tablet devices. the spokeswoman only disclosed her surname as Cheng.

Apple is already indulging in a court case with local Chinese firm Proview for ownership of the iPad trademark in China. Apple suffered a legal blow in December when a court in Shenzhen, China rejected the company’s claims to the trademark. Apple has appealed against that verdict. Matter is being heard at Chinese Higher Court.

EBox opposed Apple’s complaint and is preparing a formal response. EBox spokeswoman woman accused Apple of bullying. She said, “The iPad trademark is not Apple’s, so now they want to take ours.” Either she is unaware or she is a liar because Apple did purchase rights from Proview to use iPad name for their tablet. Proview is making false claims to extort more money from Apple and save itself from bankruptcy. It is taking advantage of the corrupt system of China that is supporting it (Proview) out of jingoistic feelings.

Apple declined to comment. According to a China’s trademark office website, EBox had applied for the EPAD trademark in 2010.

The ongoing trademark dispute over the iPad name threatens to ban sales of Apple’s tablet in China. Proview has filed its own lawsuits and complaints, demanding that Chinese authorities stop vendors from selling the iPad. Earlier in February, a Chinese court had ordered a local electronics vendor to halt selling iPads at one of its stores.

A Proview representative has said Apple should pay $400 million for the iPad trademark. Earlier, Proview was demanding $1.5 billion. Some jingoistic Chinese consumers have suggested that Apple should rename its tablet to avoid further legal action.

Source: Mac World

Apple Files Complaint Against Chinese Vendor Using EPAD Trademark is a post from: The Apple Bites

Being the high brand that Apple is, it cannot be bullied by companies like Proview which nothing but a bunch of money hungry patent trolls who first sell the rights and then accuse of patent infringement.

The corrupt system of China was against Apple but a ray of hope came when Apple scored a victory over Proview in Shanghai. Stung, a rabid Proview sued Apple in United States with irrational and insane accusations.

Apple is continuing its battle against Proview in the Higher People’s Court of Guangzhou.

On 29 February 2012, the Higher Court heard Apple’s appeal to a lower courts decision that awarded Proview rights to the iPad moniker and a sales ban on the iPad in 30 Chinese cities. Proview argued (making false claims) that Apple had purchased the rights to the iPad name from a Taiwanese subsidiary of Proview that did not have the rights to make such a deal. Proview released and iMac like computer back in 2000 which they called the “I-PAD.” The company also recently filed for bankruptcy because of which they want an out-of-court settlement from Apple.

Ironically, when Proview became the owner of “I-PAD” patent name years ago, it was the Taiwanese subsidiary of Proview that had registered “I-PAD” name as a trademark of Proview. So legally Apple purchased the rights to use a patented name from those who registered it as a patent.

However, Apple dismissed Proview’s $ 1.5 billion settlement request, and the recently lowered $400 million mark. Apple argued in court that the iPad trademark is famous because of Apple.

Among consumers across the world, the iPad trademark is already uniquely connected with Apple. When consumers see a tablet with an iPad trademark, they know it comes from Apple, and not from another company. — Apple’s Lawyers

Apple’s lawyers continued to argue that an Apple ban and letting Proview use the iPad name would confuse customers and harm China’s best interests considering Foxconn’s Shenzen plant employing up to 1 million workers who assemble iPads. There is little chance Apple will let a sales ban actually go through in mainland China. It remains to be seen what would be the Higher Court’s decision, which is important as it is usually the final ruling in China.

With the iPad 3 launch around the corner, Apple needs to get the ban on iPad lifted in one of its largest markets.

Source: Modmyi

China’s Higher Court Hears Apple’s iPad Trademark Appeal is a post from: The Apple Bites

The defeat in Shanghai over false claims of owning the “iPad” trademark was a major embarrassment to Chinese company Proview. Instead of apologizing to Apple, Proview decided to fight Apple in United States and filed a lawsuit against it.

However, due to some reasons and the fairness of American judicial system, Proview had sensed defeat. Thus, Proview has to do something more to put up a tough fight as the villain of the story. Proview is still the rightful ownership of the iPad moniker and is blasting Apple in court.

Due to the popularity of iPad and support from Hong Kong and Shanghai courts. the momentum of legal battle got shifted in opposite directions and now, for the moment, Apple is not in virtual danger of losing the rights to sell the iPad in China, the place where the whole system was against Apple just few days back. Apple had proved that they had purchased the rights to use iPad name from Proview but the courts were supporting Proview due to jingoistic feelings. Now that Apple is scoring an upper hand, Proview is pursuing every legal channel possible to apparently extort some money out of Apple which might save it from bankruptcy for which it had filed for in China.

On Tuesday, 27 February 2012, Proview revised its California lawsuit against Apple to reflect the latest accusation against them. The new allegations stated that Apple had engaged in full-blown fraud and other practices that could be termed as unfair competition.

The intricacies of the new accusations are steeped in enough boring details and jargon show the insanity of Proview’s legal experts. Proview is now saying that the steps Apple took to secure the rights to use the iPad name in China were slapdash and shady.

Proview has retained the services of a New York-based public relations firm to handle the company’s public statements. The latest statement reads:

“The complaint provides evidence that the December 23, 2009 agreement that Proview Taiwan entered into was fraudulently induced by the concealment and suppression of material facts by Apple’s agents, and that, as a result, the 2009 agreement is void… Once the agreement is voided for fraud, the iPad trademarks in the European Union, South Korea, Mexico, Singapore, Indonesia, Thailand, and Vietnam will revert back to Proview Taiwan.”

Do you agree with Proview’s claims? Because Apple has proved that it did purchase the rights to use iPad name in 2009.

Source: Modmyi

Proview Has New Allegations Against Apple is a post from: The Apple Bites

While walking, if you step on the tail of a dog or a snake, it would not spare you and bite you for sure.

When Proview lost to Apple in Shanghai, it must be deeply hurt as Shanghai is a part of Proview’s home turf. Thus, Proview ran all the way to United States to bite Apple.

In an attempt to extort money from Apple, Proview has been filing lawsuits aggressively against Apple in China over the past few weeks, despite selling the rights to use “iPad” name to Apple. Proview claimed that Apple was misusing their ‘Ipad’ trademark. Proview also tried to get many cities to get the iPad banned. A Shanghai court rejected a request for ban of the iPad. However, many a few other ruled in Proview’s favor to ban Apple’s iPad from their city, out of jingoistic feelings. Some jingoists in China are calling the judge a “traitor” on various online forums for “siding with foreigners”.

On 23 February 2012, the Wall Street Journal (WSJ) reported that Proview had filed a lawsuit against Apple in the US on 17 February 2012, in Santa Clara, California.

The lawsuit, which was filed in the Superior Court of the State of California in Santa Clara County on Feb. 17, but previously unreported, claimed that Apple had committed fraud when it used a company set up by one of its law firms, called IP Application Development Ltd., to purchase the iPad trademark from Proview on Dec. 23, 2009 for 35,000 British pounds ($55,000).

An Apple spokeswoman told the WSJ that “Proview refused to honor their agreement with Apple in China, and a Hong Kong court has sided with Apple in this matter.”

In court, Proview is asking to be repaid for damages. It wants to restrict Apple from using the term ‘iPad’.

Last week, Apple had also threatened to file a counter-lawsuit against Proview for “damaging Apple’s reputation.”

Though Apple’s tablet has been banned in many Chinese cities, Chinese Customs told Proview that it would be difficult to enforce a widespread ban on Apple’s iPad throughout China because it was very popular. Courts in Mainland China have yet to make a ruling.

As a new chapter of this legal battle unfolds, a ban on iPad in US is unlikely.

Do you believe that Proview is making a mistake by suing Apple? Share your comments.

Source: iDownload Blog

Proview Sues Apple In US Court is a post from: The Apple Bites

There is a ray of light in darkness. A ray of hope.

In China, where the whole judicial system and government were supporting the unfair claims of Proview about the ownership of “iPad” name (despite Apple presenting all the evidence of purchasing the rights to use “iPad” name), a Shanghai court has rejected Proview’s plea to ban the sales of Apple’s iPad.

Proview suffered a blow as the Shanghai Pudong New Area People’s Court rejected a preliminary injunction against the sale of the iPad. Now Apple can continue selling iPads in its flagship Shanghai stores without fear (and embarrassment) of sales suspension.

The hearings are postponed. However, both companies are awaiting the results of a separate case in the Guangdong provincial high court. The Wall Street Journal reported:

Proview had sought the injunction, saying it owns the iPad trademark in China. Apple, which contends that it previously purchased the rights to the iPad name from Proview, had applied in Shanghai to suspend proceedings on Wednesday. Ma Dongxiao, an attorney representing Proview, said the company doesn’t yet have a response.

Reuters said Apple is appealing a December court verdict ruled in Proview’s favor. Reuters reported that “A higher court hearing for the appeal is set for February 29 in China’s southern province of Guangdong.” Interestingly, it has been revealed recently that the Bank of China and Minsheng Bank are controlling debt-laden Proview since March 2009. As a result, Proview is not allowed to make any agreements without the creditors’ approval. One trademark lawyer told Business Week:

Right now, the most valuable asset of Proview Group is the iPad trademark registration in China. Assuming the creditors have control of the affairs of Proview Shenzhen, it might be in their best interest to get a settlement as quickly as possible to monetize the Proview assets.

Desperately in need of money, Proview resorted to the attempts of extortion by demanding Appel to pay US $ 1.5 billion to use iPad name in China, despite the fact that Apple had purchased the rights from Proview in 2009. Proview had marketed and sold an iMac-like desktop in 2000 named I-PAD. Lawyers representing Proview, took a stance ahead of the hearings on 22 February 2012. They said that an out-of-court settlement with Apple “is quite possible.” Apple responded by saying that Proview’s trademark is invalid because its I-PAD computer had not been on sale for years. Apple also argued that its own tablet called iPad was benefiting China’s economy through the creation of manufacturing jobs and tax revenues:

Apple has huge sales in China. Its fans line up to buy Apple products. The ban, if executed, would not only hurt Apple sales but it would also hurt China’s national interest.

In 2009, Apple secretly founded a United Kingdom-based firm to get “iPad” trademark so that Proview would not know at the time that Apple was the purchaser. The successful purchase had given Apple, the legal right to sell its iPad in China but so far, all Chinese courts had been unfairly supporting Proview due to jingoistic feelings. Apple said Proview was not honoring the agreement. A Hong Court’s support for Apple was the first legal victory for Apple in China over the issue surrounding iPad trademark row.

Source: 9TO5 Mac

Apple Can Sell iPad In Shanghai is a post from: The Apple Bites

Display maker Proview sued Apple over the iPad moniker in China feels that it has the whole judicial system with it and despite selling rights to Apple, Proview is still falsely claiming the ownership of rights to extort money from Apple.

Last week, a court order banned the sales of Apple’s iPad in various Chinese cities. However, now it seems that Proview has a change of heart, all of a sudden. Proview has told The Times of India, one of the leading English dailies in India that it is ready to negotiate with Apple as it has “peaceful intentions.”

Proview is drooling over money and it is hoping for an out of court settlement, and it is shooting for as high as $1.5 billion for the iPad trademark in China. Legal representatives for Proview told the paper on Tuesday, 21 February 2012:

We are now preparing for negotiations. The court cases will continue until we reach an agreement.

Reuters reported that a court in Shanghai will begin hearings today on whether Proview’s claims have any merit and the ruling could take months. Nobody knows whether Proview’s strategy would work. Apple has even threatened to sue Proview over “defamatory statements.”  This highlights Apple’s unwillingness to engage in trademark licensing talks with Proview. Proview has recently filed for bankruptcy.

Some people believe that Apple wants to pursue an aggressive legal strategy to set an example. Thus, it may not be interested in an out of court settlement. Apple’s lawyers warned Proview in a letter issued on Monday, 20 Feb 2012:

“It is inappropriate to release information contrary to the facts to the media, especially when such disclosures have the effect of wrongfully causing damage to Apple’s reputation.”

A Hong Kong court ruling that dated July 2011 revealed that Apple founded a United Kingdom-based company to snatch rights to the iPad trademark in various markets without revealing it was the purchaser. The company insisted that it purchased the worldwide rights to the iPad trademark in 10 different countries in 2009  from Proview’s Taiwanese affiliate for about $55,000. 

Now Apple has accused Proview of not honoring that agreement, noting that a Hong Kong court sided with Apple in this matter. Hong Kong’s and Mainland China’s legal systems are different. Thus, the ruling is not helping Apple in its legal dealings with Proview, which wants to implement a country-wide ban on iPad imports and exports in China. The iPad is manufactured in Foxconn’s plants in Shenzhen, China. That is why, so any export ban would immediately impact worldwide availability of Apple’s tablet.

Source: 9TO5 Mac

Proview Ready To Negotiate With Apple? is a post from: The Apple Bites

At the moment, situations are not at all favorable for Apple in China as far as its legal battle with Proview is concerned. Both parties are claiming ownership to “iPad” name.

Eyeing Apple’s money, Proview claimed Apple is infringing on their trademark of the word ‘iPad’ despite selling rights to Apple. Apple has said that there has already been a settlement over the trademark. However, many China courts are banning the iPad throughout China.

The Associated Press reports that another local China court in Huizhou has banned the iPad:

Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People’s Court in Huizhou, a city in southern China’s Guangdong province, had ruled on Friday that distributors should stop selling iPads in China. The ruling, which was also reported widely in China’s state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.

Huizhou, is located in southern China’s Guangdong province. Many Chinese cities including Huizhou have banned Apple’s tablet. Proview aim is to get the iPad from more than 40 cities, despite custom officials telling it that due to the popularity of iPad, it would be difficult to ban iPad in China.

Apple is continuing fight against these rulings, appealing every ruling that harms their interest. Apple purchased the rights to use iPad name for $55,000 in 2009.

In an interesting move, Apple requested Amazon China to remove the iPad from their online store a few weeks ago. It is not clear what were the motives of Apple.

The only consolation for Apple is that so far, there has been no ruling, banning iPad in the Mainland China.  

Source: iDownload Blog

Another Chinese Court Bans iPad is a post from: The Apple Bites

With Chinese law on Proview’s side, retailers (authorized or unauthorized) can not sell iPad in China, much to the disappointment of Apple.

Many online stores in China took the iPad off their shelves after Proview said Apple was breaking its trademark on the term “iPad.”

Despite selling rights to use “iPad” name to Apple in 2009, Proview is falsely claiming to the owner of “iPad” trademark, eyeing to extort US $1.5 billion from Apple. The fight is going on continues in court. However, Apple has released a statement to China Daily about Proview’s allegations on Apple allegedly breaking the trademark.

“We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple, and a Hong Kong court has sided with Apple in this matter,” according to the statement, which also said the case is still pending on the Chinese mainland.”

Apple claimed to have purchased Proview’s iPad trademark in 2009 in 10 different countries. Proview is refusing to transfer the trademark saying that Taiwanese branch (that registered iPad as a trademark) did not have regular interaction with Shenzen branch. However, Hong Kong courts have already sided with Apple, according to the statement.

Many accuse the Mainland Chinese government of favoring local companies in these types of matters. Thus, this hurdle for Apple cannot be cleared easily. Chinese customs already said it would be difficult to ban Apple’s iPad due to its popularity; although, Proview tried to block iPads from coming in or going out of China earlier this week.

Countering the situation of Hong Kong courts supporting Apple:

“Apple is worried the iPad trademark will be resold before the hearing is finished, so itasked the Hong Kong court to forbid Proview Shenzhen from doing that,” he said,adding that the court’s decision to prevent the trademark from being transferred cannot be seen as showing that it has ruled in favor of Apple. “The root cause of the dispute is Apple’ underestimation of the legal complications inChina,” the lawyer said, adding the case also serves as a warning to companies inChina to think twice about risks before “going abroad”.

If Apple can’t prove that Proview didn’t honor its agreement to transfer the name, Apple will likely settle for somewhere significantly south of the $1.5B that Proview wants for the name or simply choose another name for the iPad in China.

However, lawyers representing Apple said that the sale of Apple’s products (including iPad), would not be affected by this lawsuit because quality is a priority for customers.

Wall Street Journal (WSJ) further added that Apple had asked Amazon China to remove iPads from their online store:

The Cupertino, Calif., consumer electronics giant asked Amazon in China to stop selling iPads because it is not an authorized reseller, according to people familiar with the matter. Amazon has since removed iPads offered by other resellers on its Chinese website as well.

Only time will tell whether Apple would be able to overcome these barriers. Show your support for Apple by posting comments.

Source: 9TO5 Mac

Apple Says Proview Not Honoring Agreement is a post from: The Apple Bites

With the legal trouble for Apple over using iPad name in China, Proview Technology (falsely claiming to be the owners of iPad trademark despite selling it to Apple in 2009) want a complete ban on Apple’s tablet in China. However, given the popularity of iPad, it many not be easy.

According to reports from Reuters, it would be tough for Proview Technology to block Apple iPad exports from China. Proview wants to block on both Chinese imports and exports of the iPad over a trademark dispute with Apple. As Apple manufactures iPad in China, such a move would be “catastrophic” for Apple.

However, China’s customs authorities told Proview that banning iPad would be difficult as Apple products are very popular in China:

“The customs have told us that it will be difficult to implement a ban because many Chinese consumers love Apple products. The sheer size of the market is very big,” Yang Long-san, chief of Proview Technology (Shenzhen), told Reuters in a telephone interview on Wednesday.

Chinese company Foxconn manufacturers many of Apple’s products including the iPad, and a ban on exports would negatively impact Foxconn as well.

Apple has claimed that it purchased the Chinese rights to the trademark several years ago, but the original owner Proview and the biased Chinese courts refuted the claims and documentary evidence supporting claims. Apple’s case is still pending with Chinese courts as it has appealed against earlier rulings. Eyeing, dollars, Proview has asked Apple to pay US $ 1.5 billion to pay for damages.

What is your opinion about Chinese customs’ views? Post your comments.

You can also share your views on our Facebook and Twitter Pages.

The Apple Bites is giving away free iTunes Gift-cards for exciting games and interesting apps. All you need to do is to participate in the discussions The Apple Bites starts. No offensive words allowed. No spamming! The winners would be contacted and the gift cards would be given to them.

Source: Mac Rumors

Chinese Customs Officials Say Banning iPad Difficult is a post from: The Apple Bites

We reported earlier that after being barred from using “iPad” name for its tablet in China, Apple maybe stopped from selling its tablet unless it agrees to change its name. Now that is happening.

Apple appealed against the verdict against it but it cannot expect anything in its favor due to the hostile environment it is facing from Chinese authorities.

The dispute over the ownership of the name “iPad” in China has resulted in local authorities in that country to seize Apple iPads from retail stores in one northern city, Shijiazhuang. Proview Technology, which is located in Shenzhen, claims ownership of the iPad name and wants the devices removed from 20 cities. Apple is saying that they purchased rights to use the name “iPad” from the Taiwanese branch of Proview, a claim that despite having documented evidence fall on deaf ears of the biased authorities in China.

Possibly, Proview Technology sent letters to authorities in Shijiazhuang, which is southwest of Beijing. The Washington Post has reported quoted an economic investigation official saying that all iPads had been taken off the shelves in the Xinhua district in Shijiazhuang. The official gave no indication of how many locations or devices had been involved.

Apple has only five of its own Apple Store retail locations in China. None of them are based in the affected area. However, due to the popularity and good quality of Apple products in China, Authorized (and unauthorized) resellers, are in many cities across the country.

The iPad name was registered in China to Proview back in 2001. A Taiwanese affiliate, Proview Taipei had registered the iPad name in various countries as far back as 2000. Apple had purchased rights to the name from Proview Taipei in 2009 for US $54,700.

Proview (Shenzen Branch) has claimed it still has rights to the name in mainland China. In December 2011, a Chinese court rejected a complaint from Apple that Proview was violating its rights to the iPad name. After that, Proview filed a complaint with the commercial bureau in Beijing in January 2012.

In an earlier court filing, Proview has asked for US $1.5 billion in damages.

Chinese cops must be having a good time as now they have a chance to have an iPad for free.

Source: The Mac Observer

Chinese Authorities Seize iPads Due To Trademark Row is a post from: The Apple Bites

Chinese hatred for Americans and American products does not need any introduction. When it comes to extort money from American firms, Chinese would leave no stone unturned to do that.

Chinese firm Proview is all set to give a tough time to Apple and its lawyers in China. Apple’s lawyers are working overtime to find out how to avoid a large payout to Proview, a monitor and display company.

Proview claims to be the owner of a Chinese trademark for the term “iPad” and is currently locking horns with Apple in a legal battle over the use of the word for its iPad.

The matter going on in courts, with large sums of money currently being discussed. Proview apparently is planning to ask Apple for a $1.5 billion in compensation for the whole ordeal.

Proview originally registered the iPad trademark as long as twelve years ago, long before Apple announced the iPad. Apple had bought the rights to use this term for their tablet from the Taiwanese branch of Proview. Citing “little relation” with Taiwanese branch, Proview (based in Shenzen) got Apple entangled in the legal battle, probably eyeing more money. Apple lost the court-case.

“Proview made a formal complaint to the Xicheng administration in 2011 and they had planned to slap Apple with a 240 million yuan ($38 million) fine, but it was suspended after Apple’s objections,” said Xie Xianghui, a lawyer from the Shenzhen branch of Grandall Law Firm. Xie says that Proview has also filed lawsuits against Apple authorized retailers and plans to ask for 10 billion yuan ($1.5 billion USD) in compensation from Apple.

Proview is adding more to Apple’s headache. Motorola, Samsung and HTC are already giving a hard time to Apple.

What is your opinion about unfair claim of Proview? Post your comments.

Source: iDownload Blog

Proview Wants $1.5 Billion From Apple Over iPad Row is a post from: The Apple Bites

After Apple’s claim of the ownership of “iPad” name was rejected in China, Apple appealed against the verdict. Now it seems that things can turn ugly for Apple.

Proview (Shenzen division) claimed the ownership of iPad. Apple had tried to prevent Proview from using iPad name in China but unfortunately, the move backfired on Apple.

While this was all going on, Proview Taiwan (only loosely affiliated with the Shenzen division) sold the trademark to “iPad” in China to a UK-based company named Application Development. Application Development sold it right back to Apple. However, Apple lost the original lawsuit that was supposed to prevent Proview (Shenzen) from using the name.

As a result, Proview (Shenzen) is arguing that it still retains the rights to the “iPad” name on the Chinese mainland. Proview (Shenzen) is demanding Apple to be fined as much as 2.4 billion yuan ($380 million US).

It is not known how many option does Apple have before finally paying the fine if asked to and how Apple can take this fight forward. However, something needs to be done because now Apple can be prohibited from selling or marketing its tablet under the name “iPad” in China.

Source: TUAW

Apple Maybe Forced To Stop Selling iPad In China is a post from: The Apple Bites

In December 2011, a Chinese court had rejected Apple’s ownership of the iPad trademark in China in favor of Proview International, a large but relatively unknown Chinese monitor company.

Now Apple is appealing against that ruling, asking the courts to transfer the iPad trademark to it. Apple Inc is also asking for Proview to pay 4 million yuan as compensation for legal fees that have accrued.

Apple’s original lawsuit against the Proview noted that a Proview subsidiary in Taiwan had sold the iPad trademark rights to “IP Applications,” a UK-based company. Later, IP Applications sold the trademark rights to Apple in 2010. In December, a court in Shenzen, China ruled that the transfer of trademark rights was only done through the Taiwan subsidiary. The main corporation (also located in Shenzhen) was not in attendance at the trademark negotiations in Taiwan. Thus, the Chinese court stated that Proview did not formally transfer any trademark rights to Apple.

Apple’s new appeal has claimed that the Taiwanese subsidiary was acting as a representative for Proview’s mainland operations. On the other hand, Proview is saying that it has no such relationship with the Taiwan subsidiary and was never in talks with Apple about transferring the iPad trademarks.

It would be in Apple’s best interest to win the appeal and Apple must win. Proview has already filed a pair of lawsuits in Chinese courts against Apple and another vendor – Gome Electronics. Proview wants them to stop selling tablets using the iPad name.

Source: TUAW

Apple Contests iPad Trademark Rejection In China is a post from: The Apple Bites

Apple’s iPad may have sold millions of units all over the world and may have achieved a lot of success as a gadget that becomes your mini computer with keyboard and all other stuff inside it. However, now it seems that Apple would have to look for a new name if it wants sell iPad in China.

In Shenzen, Apple’s lawsuit against Proview Technology (Shenzen) has been dismissed by Intermediate People’s Court which takes away the rights of Apple to use iPad name in China to market its tablet.

Apple had accused Proview Technology of trademark infringement. On the other hand, Proview Technology (Shenzen) claimed that it had registered the term “iPad” as a trademark from 2000-2004 in many countries, including China, European Union, South Korea, Mexico, Indonesia and Singapore. The Taiwanese arm of Proview Technology had sold “its global trademark” to Apple for £35,000 UK Pounds in 2006.

Apple had tried to gain ownership of iPad trademarks in 2010 before it started selling its tablet in China. However, the iPad name was owned by Proview Technology (Shenzen) which is the Chinese side of company.

Apple approached court to claim the name and lost. Proview Technology is trying to block sales of the iPad in Shenzan and Huizhou. The cases filed in courts in this regard would be heard in December and January in each city.

Apple wishes to increase its presence in the Chinese market, with four news stores launching in Beijing and Shanghai and 1000 resellers. Apple is concerned about many fake Apple stores cropping up and operating in China.

However, Apple does not wish to take it lying down and is likely to appeal against this verdict.

Source: Recombu

Apple Cannot Use iPad Name In China is a post from: The Apple Bites

Ever since Apple sued Samsung for plagiarising and copying the design of iPad for its Galaxy Tab 10.5, sleepless nights started for South Korean company.

The first setback for Samsung was a court-imposed ban on the sales of Galaxy Tab 10.5 in Australia. Samsung retaliated, fuming with rage and filed a lawsuit against Apple, seeking ban on the sales of iPhone 4S in Australia. However, Samsung’s petition was dismissed.

Samsung tried to file petitions against Apple in various European countries, seeking ban on iPhone 4S and some other Apple gadgets. So far three the petitions of Samsung have been dismissed in Netherlands and Italy. With a hat trick of embarassments in courts, Samsung has redsigned its strategy to counter Apple.

Samsung is demanding to know the source code of iPhone 4S’ firmware. Aiming to get iPhone 4S banned from Australia, Samsung is also seeking the details of agreements that Apple is holding with Vodafone, Telstra and Optus in Australia. Samsung believes that iPhone 4S’ source code can reveal whether or not the 3G patents of Apple have been infringed by Cupertino company.

However, it seems that Apple can not back off so easily. Apple claims to have licensed wireless patents from Samsung under FRAND standard. This standard requires the patents to offered at a resonable price because these patents are necessary for many companies to provide wireless products.

Apple is saying that Samsung would have to wait for the information it is seeking.

It seems that legal battle between Apple and Samsung is going to be a long saga. The court hearing is on November 4.

Will Samsung gain the upper hand this time? Or will it bite the dust again? Only time will tell. Share your opinion on this legal battle in the comments section.

Source: Cult Of Mac

Samsung demands the source code of iPhone 4S is a post from: The Apple Bites

Facebook has been a rage for past few years. Everybody wants to stay connected to his Facebook all the time. Seems like Apple Inc has sensed the pulse of users and is presenting a new app addressing this concern.

That is right! Very soon, the Facebook for iPad app is about to go live very soon in the app store. Though, Facebook authorities are yet to make the official announcement regarding this development, they are already hosting a link dedicated to it here.

The link from where users can download free Facebook for iPad is here.

The URL leads to existing iPhone app, indicating the merger of existing iPhone client and the new iPad app into a new binary. Chatting, browsing, playing games and watching movies are possible in this here.

Following are some features of Facebook for iPad app:

1. Big and clear view of photos.

2. Easy to zoom.

3. Easy bowling and navigation.

4. Simplified navigation to send messages and browse your bookmarks.

5. Availability of an easy drop down menu that makes it easy to scan and send messages without visiting your inbox.

So are you ready for this new app? What would you like to say and discuss about this new app in the comments section below?

SOURCE: 9TO5 Mac

Facebook for iPad Goes Live is a post from: The Apple Bites

PCWorld has just chosen its top 100 gadgets for 2010, and the iPad ranks high on the list. What other tech items made the grade this year?

The list of PCWorld’s top 100 gadgets doesn’t hold many surprises, except for the way some very popular products were outranked by untried newcomers. Coming in first was Google’s widely-used Android 2.2 operating system, which will soon be supplanted by Android 3.0, a new version better suited for tablet computers. The iPad came in second, not surprising for the most-talked about new product of the year.

The third-generation Amazon Kindle took third, while the ever-growing Netflix took fourth devices.
The brand new Samsung Galaxy Tab took number five. A year from now, this tab could be history if customers pass on its small screen and high prices. Other Apple products making the list were the iPhone 4 at #13 and the Apple TV at #21.

Android and iPad Top PCWorld List is a post from: The Apple Bites

The new products we are planning to release this year are very strong, starting this week with a major new product that we’re really excited about,

said Steve Jobs, Apple’s CEO.

Today’s the day for Apple fanboys. Apple is going to hold a special event – ‘Come see our latest creations’ on Jan. 27 at 10.00 AM (PST) at Yerba Buena Gardens in San Francisco. As mentioned in the press release of the first quarter financial result, there will be a major new product announced this week. This should be something really excited and very likely, it’s the long-rumored tablet device – iPad / iSlate / iTablet, and we should be prepared for the disappointment as well.

For your convenience, I have hand-picked a number of great live blogs for the “latest creations” event:

• Engadget (Highly Recommended)
• Gizmodo Live Blog
• Ars Technica
• iSmashPhone
• Computer World
• Technologizer

For those from other time zones, please note the start time below:

Hawaii: Jan. 27 at 8 AM
London: Jan. 27 at 6 PM
Paris: Jan. 27 at 7 PM
Helsinki: Jan. 27 at 8 PM
Moscow: Jan. 27 at 9 PM
Mumbai: Jan. 27 at 11:30 PM
Hong Kong / Beijing: Jan.28 at 2 AM
Tokyo: Jan. 28 at 3 AM
Sydney: Jan. 28 at 5 AM
Other than the announcement of the tablet device, it’s also rumored that Steve Jobs will announce the debut of iPhone OS 4.0 and iLife 2010.

The Tablet Event is a post from: The Apple Bites