iPad Trademark Apple Increases Litigation Claims to Claim 4 Million to Proview

Recently, Proview International Holdings Co., Ltd. (hereinafter referred to as Proview International) issued an announcement saying that Apple Inc. had already passed the decision of Shenzhen Intermediate People's Court on November 17, 2011 to the senior people of Guangdong Province on January 5, 2012. The court appealed.

Yesterday (January 30), the reporter learned from relevant sources that the time for the second instance of the iPad trademark case is still undecided, but Apple has resubmitted several claims.

"Apple definitely wants to come back through the second instance." Liu Chunquan, senior partner of Shanghai Panyang Law Firm, told reporters that it was more difficult.

The Apple’s lawsuit request included the ownership of the registered trademark of the Mainland and the exclusive right to use the registered trademark of the iPad, as well as compensation for trademark ownership investigation fees and attorney’s fees, totaling RMB 4 million; it also included the view that the case should apply to Hong Kong law. At the same time, Shenzhen Proview was authorized by a written license of Proview International's subsidiary in Taiwan, namely Proview Electronics Co., Ltd. (hereinafter referred to as Proview Electronics) to sign a trademark transfer agreement, which is an anonymous agent and should be determined by Shenzhen Proview. The iPad trademark has been transferred to Apple; in addition, Proview Electronics will be added as a defendant.

For Apple's appeal, Shenzhen Proview lawyer Guo Hao lawyer lawyer Shenzhen Xie Xianghui pointed out that "the new grounds are untenable." "First, the first instance court ruled that Apple has agreed to apply the laws of the Mainland to determine the case. This time, Hong Kong law has been used to completely overturn its previous determination.” Xie Xianghui said that, in fact, the right to use a registered trademark should be adopted by the law. In addition, for the anonymous agent, Xie Xianghui believes that the first instance has made a verdict, which is a violation of the true facts.

"According to this style of play, Apple's chances of winning in the second instance are not high," Liu Chunquan pointed out.

At the same time, Shenzhen Proview has already started a "counterattack." "Daily Economic News" reporter was informed that Shenzhen Proview also lodged an iPad tablet distributor Shenzhen Gome Electrical Appliance Co., Ltd. to court. At the end of last year, the case was heard in Futian Court; in addition, Shenzhen Proview has been to Pudong, Shanghai. The New District Court filed a lawsuit accusing Apple Trading (Shanghai) Co., Ltd. of infringing the exclusive right to use a registered trademark. The case will be officially opened in late February.