Quantcast
Latest Stories

Company sues Apple over iPad name in Shanghai

By

WHO OWNS IPAD? Ma Dongxiao, right, an attorney for Shenzhen Proview Technology, speaks to journalists after a premlinary hearing at a courthouse Wednesday, Feb. 22, 2012, in Shanghai, China. The Chinese company fighting Apple Inc. over its use of the iPad trademark in China took its complaints to a Shanghai court Wednesday, though it says it is willing to talk about a settlement. (AP Photo/Eugene Hoshiko

SHANGHAI— Apple Inc. defended its right to use the iPad trademark in China in a heated court hearing Wednesday that pitted the electronics giant against a struggling Chinese electronics company that denies having sold the mainland China rights to the popular tablet computer’s name.

Shenzhen Proview Technology’s lawyer Xie Xianghui argued that the sale of the iPad trademark to an Apple subsidiary by Proview’s Taiwan affiliate in 2009 was invalid. Apple countered that Proview violated the sale contract by failing to transfer the trademark rights in mainland China.

It also contends that the Chinese LCD maker has not marketed or sold its own “IPAD,” or Internet Personal Access Device for years, thus possibly invalidating its claim to the trademark.

The hearing adjourned after a fractious four-hour session which saw the judge repeatedly admonishing both sides to observe proper court protocol as they argued across the courtroom. No date was announced for a judgment or further hearings.

“Apple has no right to sell iPads under that name,” Xie said. “The agreement to sell the trademark is not valid under Chinese law.”

Proview is suing to have Apple stop selling the iPad in China under that name. It has also sought to have commercial authorities in many cities order sales to stop. Ma Xiaodong, another Proview lawyer, said after the hearing that the company plans to file lawsuits against Apple in other cities.

Apple’s lawyers demanded that Proview provide evidence that its product is actually marketed in China, contending that the heavily indebted Chinese company has no ability to produce the IPAD. They also demanded Proview provide guarantees it could pay compensation for any losses if the court were to halt iPad sales pending a final decision on ownership of the trademark. The Proview side said it could pay in cash.

Apple has appealed an earlier ruling against it in a court in Shenzhen, a city in southern China’s Guangdong province. The Guangdong High Court is due to hear that case on Feb. 29.

Earlier, Xie said that since no final decisions have been reached in various legal disputes over the issue, both sides were “still able to sit together and reach an out-of-court settlement.” Apple has shown no indication of willingness to settle.

The trademark case is highlighting mixed attitudes toward Apple in China. Chinese are just as crazy about iPads and iPhones as consumers anywhere else and the devices are manufactured in China, employing hundreds of thousands of people.

But public awareness has been growing of criticism over the labor and environmental practices of huge factories that assemble the devices. Taiwan’s Foxconn Technology Group, which makes iPads in China, has been under intense scrutiny after a spate of worker suicides. It recently raised wages by up to 25 percent in the second major salary hike in less than two years.

Apple, based in Cupertino, California, insists it holds the trademark rights to the iPad in China, having purchased them from Proview for 35,000 British pounds ($55,000) through a company set up for that purpose.

A court in Hong Kong, which has a separate legal system from mainland China, ruled in July that Proview had acted with the intention of “injuring Apple.” Proview’s lawyers argued Wednesday that any rulings in Hong Kong were not admissable in Chinese courts.

So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level.


Follow us on Facebook Follow on Twitter Follow on Twitter




Recent Stories:

Malaysia quarantines 64 villagers over MERS virus 2 hours elapsed Nadal passes clay landmark with 300th victory 2 hours elapsed Wawrinka waltzes through with Monte Carlo walkover 3 hours elapsed Total says makes ‘very promising’ oil find off Ivory Coast 3 hours elapsed Nebraska toddler gets stuck inside claw machine 4 hours elapsed DFA: 2 Filipinos survive Korean ferry disaster 4 hours elapsed PH asks airline passengers to check for MERS 4 hours elapsed ‘Chinese Twitter’ firm Weibo to go public in US 5 hours elapsed
Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Apple Inc. , Ipad , lawyer Xie Xianghui , Shanghai , Shenzhen Proview Technology

  • http://www.facebook.com/people/Billy-Mosende/100002425968724 Billy Mosende

    That’s the price one pays for dealing with China. Of course, other places/countries have their own headaches, too.

  • http://twitter.com/pangittalagaako pangittalagaako

    Lesson learned? Don’t do business with main land china since they have own laws governing contracts that is not in the spirit of international standard.  I don’t see the point why big companies such as apple do business in China.  Maybe because of labor but in general those they contract to do things for them are the ones responsible for exploiting the product itself for piracy. Phoeey!



Copyright © 2014,
.
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement Advertisement
  1. Did Deniece Cornejo lambast Vhong Navarro on social media?
  2. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  3. DOF: Tagaytay, QC best at handling funds
  4. Tech company: Change passwords or suffer ‘Heartbleed’
  5. Smart phone apps and sites perfect for the Holy Week
  6. Mommy Dionisia Pacquiao scores, takes over social media
  7. Philippines may watch ‘blood moon’ online
  8. Another reason to quit social media this Holy Week: your safety
  9. Heartbleed bug and what you need to know
  10. Memes flourish after Pacquiao victory
  1. Did Deniece Cornejo lambast Vhong Navarro on social media?
  2. Mommy Dionisia Pacquiao scores, takes over social media
  3. Nude and so dangerous
  4. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  5. Memes flourish after Pacquiao victory
  6. Netizens react to Pacquiao’s victory over Bradley
  7. IT technician found guilty of defrauding firm of P130,000
  8. Philippines may watch ‘blood moon’ online
  9. Ireland’s wedding singer priest an Internet hit
  10. Samsung flagship smartphone goes on sale worldwide
  1. #RejectedBbPilipinas2014Questions flood Twitter
  2. Did Deniece Cornejo lambast Vhong Navarro on social media?
  3. Netizens fall in love with Crimea prosecutor Natalia Poklonskaya
  4. Mommy Dionisia Pacquiao scores, takes over social media
  5. Nude and so dangerous
  6. Why didn’t missing jet passengers use their cellphones?
  7. Mommy Dionisia sings ‘Riking Bull,’sends netizens ablaze
  8. Russia tries to curb Crimean prosecutor’s Internet fame
  9. Memes flourish after Pacquiao victory
  10. Netizens thank Capa for Lee arrest

News

  • Nebraska toddler gets stuck inside claw machine
  • Philippine eagle rescued by Army turned over to DENR
  • Gunmen attack Iraq military base, kill 10 soldiers
  • South Korea president shouted down by distraught parents
  • Classmates celebrating 60th birthday among missing in ferry sinking
  • Sports

  • Nadal passes clay landmark with 300th victory
  • Wawrinka waltzes through with Monte Carlo walkover
  • Power Pinays smash India in Asian Women’s Club volleyball opener
  • PH youth boxers off to stumbling start in AIBA World tilt
  • Durant has 42, Thunder beat Pistons 112-111
  • Lifestyle

  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • This is not just a farm
  • Clams and garlic, softshell crab risotto–not your usual seafood fare for Holy Week
  • Moist, extra-tender blueberry muffins
  • Entertainment

  • Jones, Godard, Cronenberg in competition at Cannes
  • Will Arnett files for divorce from Amy Poehler
  • American rapper cuts own penis, jumps off building
  • Jay Z to bring Made in America music fest to LA
  • Why Lucky has not bought an engagement ring for Angel
  • Business

  • Total says makes ‘very promising’ oil find off Ivory Coast
  • ‘Chinese Twitter’ firm Weibo to go public in US
  • World stocks subdued, Nikkei flat on profit taking
  • Asia stocks fail to match Wall Street gains
  • Fired Yahoo exec gets $58M for 15 months of work
  • Technology

  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Filipinos #PrayForSouthKorea
  • Taylor Swift tries video blogging, crashes into fan’s bridal shower
  • DOF: Tagaytay, QC best at handling funds
  • Smart phone apps and sites perfect for the Holy Week
  • Opinion

  • Editorial cartoon, April 17, 2014
  • A humbler Church
  • Deepest darkness
  • ‘Agnihotra’ for Earth’s health
  • It’s the Holy Week, time to think of others
  • Global Nation

  • Malaysia quarantines 64 villagers over MERS virus
  • DFA: 2 Filipinos survive Korean ferry disaster
  • PH asks airline passengers to check for MERS
  • Syria most dangerous country for journalists, PH 3rd—watchdog
  • Japan says visa-free entry still a plan
  • Advertisement
    Marketplace