We are sure that you do hear about the mess that is going around between Apple and Proview legal battle over ‘iPad’ trademark – Proview is making it hard for the Cupertino’s based company, suing the Apple in multiple Chinese jurisdictions and even for the worst requested the sales of iPads be suspended across the country – the current dispute was filed last week in Santa Clara County that brings their legal dispute to Silicon Valley.
Figuring out some interesting details about the context above, Proview released its press release today and summarized by Fortune’s Philip Elmer-Dewitt – mentioning it has filed an amended complaint in California Superior Court in Santa Clara, accusing Apple Inc. of fraud and unfair competition – Separately, in another action, the company continues to pursue litigation against Apple in China. In the Chinese lawsuit, Proview Technology Shenzhen Co, Ltd. has demonstrated that the IPAD trademark for Mainland China was never assigned to Apple or its affiliates. The legal questions and remedies in the China and U.S. lawsuits are separate and distinct and have no bearing on one another.
Giving you some recap first that what happens in 2010 between the two companies – Apple hired a british firm name Farncombe International to secure a trademark license for the name iPad – the trademark was then held with Proview, a Taiwanese company that built iMac-shaped monitors it called as IPAD. In an urge further a shell company called IP Application Development Limited – IPAD Ltd. was created by Farncombe’s managing director, Graham Robinson – approaching Proview stating the company needed the acronym for its business.
Apple purchased the trademark for GBP 35000 through the UK-based shell firm. Asking Robinson what business the IPAD LTd. into in, he says, “I’m sure you can understand that we are not ready to publicize what the company’s business is,” he said, “since we have not yet made any public announcements.” He further stated, apparently in an e-mail, that “the company will not compete with Proview.”
Apple states that it do have the evidences – the email of the deal the confirmed the trademark now belongs to Apple. With this the Proview is not trying to claim that Apple committed the fraud with them – the interesting and to be noted thing here is that Proview is taking a completely different track stating the Apple was never issued a trademark. Apple has issued a statement, saying that it “bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter. Our case is still pending in mainland China.”