mercredi 7 décembre 2011

Apple lost a trademark lawsuit, iPad will be renamed it?

Apple lost a lawsuit in the first instance, which means it may lose the iPad trademark in China. Case is this: Apple is suing the British IP Shenzhen Proview company, asking the court to sentence the property of their trademark rights iPad all, and require payment of claims Proview Shenzhen, investigation costs, attorney fees $ 4 million. Recently, the Shenzhen Intermediate People's Court of First Instance dismissed its appeal from.
The original, called Hong Kong home to Proview International listed companies in Chinese Taipei and Shenzhen respectively set up branches. In 2000, Taipei Proview countries and regions in the iPad registered trademark. In the same year, Shenzhen Proview company in China iPad registered trademark, was not Apple iPad tablet. In 2009, Taipei Proview iPad its global trademark owned by 3.5 million pounds transfer to Apple. This may contrast with that, Apple bought Chinese companies Hanwang held "i-Phone" trademark, has spent $ 3.65 million.
Joe closer wise I, and neglected one problem: the iPad trademark in Mainland China, not in the hands of Taipei, Proview, Proview but in the hands of Shenzhen. So, now that Apple's iPad sales in the mainland, it may violate the iPad trademark Proview Shenzhen, so with the lawsuit. Proview Shenzhen, was the world's fourth largest manufacturer of flat panel displays, but now heavily in debt, almost no valuable assets, leaving only the most valuable iPad trademark. After the first trial victory, Proview Shenzhen may counterclaim that Apple iPad trademark infringement, claims 100 billion yuan. Good show has just begun.
Although the domestic intellectual property (copyright, trademark, patent, trade secret, etc.) to protect the environment is not ideal, people's awareness of IPR is not strong, but do not have to "sell ourselves short," deification foreign companies. In many cases, intellectual property disputes only means of business competition, not to mention good people and bad. Not even rule out that some foreign companies squatting Famous Chinese Trademark possible. For example, years ago in Germany, Siemens's well-known trademarks registered in China Hisense, Siemens was the transfer out of Hisense price is EUR 40 million. I want to clarify is that Hisense is a well-known trademark by the relevant international treaties, "squatting" is difficult to be protected, which ten years ago and Shenzhen Proview iPad trademark registered in the country, not a problem. Finally, Siemens and Hisense settlement, alleged trademark transfer price does not exceed 50 million euros.
In fact, Apple often by intellectual property lawsuit against competitor. In China, this case broke the same time, Apple and Samsung, HTC and other companies are also dozens of countries the name of more than 20 lawsuits. If the lawsuit is successful, will likely lead to HTC, Samsung and other phones running Android system in the U.S. import ban.
See Apple's intellectual property law to rely on the United States "devastated" opponents, we also hope that China's intellectual property law for Chinese enterprises escort. In fact, as early as April of this year, there is intellectual property lawyers said the case of Apple's iPad trademark is not optimistic, because mainland China is the Shenzhen Proview iPad trademarks of Apple's claim difficult to be supported. First-instance verdict confirmed this point.
At present, Shenzhen Proview may make counterclaims. Counterclaim in the case of Apple Shuliaoguansi, and are unwilling to pay to buy iPad trademark, then in China really can not sell the iPad. It may also wish to change is called other names, such as call iDad, or iPaid, or call iDadPaid, anyway, this thing even in China, many times, dad pay the bill.

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