APPLE loses its “IPAD” Trademark in China
In 2001 Shenzen Proview and Proview Electronic Co. Ltd registered IPAD as a trademark in a number of countries including China for computers and associated goods. In 2009, Taiwan Proview assigned the “iPad” trademarks to Apple in various countries including China.
The head of the legal department for Proview Electronic Co and Shenzen Proview was the same person. Acting on power of attorney from Taiwan Proview the head of the legal department executed the assignment on their behalf. The assignment between Taiwan Proview and Apple is not legally binding on Shenzen Proview as there was no evidence that the head of the legal department was acting on behalf of Shenzen Proview.
The court held that Shenzen Proview is the rightful owner of the trademarks. Subsequently various claims have been lodged against Apple and its distributors in China. Amazon, www.gome.cn, www.suning.cn and www.360buy.com have seemingly stopped selling iPads in China because making these goods available in China can be an infringing act. Shenzen Proview has filed a request to prevent iPads being imported or exported and customs may seize Apple’s iPads.
Apple has appealed to the High Court but it is widely anticipated that a settlement will be reached.
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