IPad trademark battle : China sales channels or by block | IC Data

Proview ( Shenzhen) Company Limited ( hereinafter referred to as? Shenzhen? ) and the United States Apple?s iPad trademark dispute is a comprehensive upgrade.
On the apple iPad trademark in dispute,LM4667 datasheet, some regions of China have to Apple?s iPad store and distributor in the investigation or has begun to attachment. Shenzhen ?s lawyer Guangdong Canton law firm and the senior partner Xiao Caiyuan lawyer says, at present Heze and Shandong, Zaozhuang, the business sector also pay close attention to this matter, the preparations for the iPad stores and distributors to take action. Shenzhen is a listed company in Hongkong International Holdings Limited ( hereinafter referred to as? Proview International Holdings subsidiary? ).
Industrial and Commercial Department ban apple iPad products at the same time, Shenzhen began to strike back in the round for apple. Our newspaper learns director, sued the Shenzhen paraelectric Chain Services Limited Huizhou branch sales of iPad products tort one case will be held recently in the Huizhou intermediate people?s court; Shenzhen sued the Shenzhen Gome?s case is also awaiting a verdict. At the same time, Shenzhen in Shanghai and other places on the court for the lock-up apple iPad trademark products are also being carried out.
If this month 29 days at eight fifty in the morning the first court of Final Appeal Court of Guangdong (? second? ) did not change the first sentence, the apple iPad in mainland China sales channels or by the ban in the round, at the same time, according to the provisions of relevant laws, apple is highest may face more than 30000000000 yuan a fine business.
The second dispute
In 2009, Proview International Holdings subsidiary in Taiwan ? the only crown Electronics Company Limited ( referred to as: Taiwan ), to 35000 pounds to the British IP ( IP Application Develop-ment ) the transfer of its all trademarks, including? i-Pad? two brand. 2010 February, British IP company to transfer the trademark of apple.
In April 19, 2010, the Shenzhen City Intermediate People?s court accepted the apple company and IP company to sue Shenzhen iPad trademark disputes. The apple company and IP company litigation request for any? iPad? trademark rights to them all.
The case by February 23, 2011, August 21st, October 18th three trial, already in the December 5, 2011 verdict: dismissed plaintiffs request. Apple Shenzhen no court decision, in 2012 5 January to the Shenzhen intermediate people?s court filed the appeal, appeal to the Guangdong Provincial Higher People?s court.
The acquisition of Apple?s second Civil Pleadings shows, apple in its 24 pages long in petition for appeal, mainly to do the 7 statements. Core content, apple determination, 2009 IP company staff and related personnel in Taiwan by e-mail communication, has been established and the actual performance of the contract, the first-instance judgment error, and apple is maintained, the defendant, the existence of a relationship between Taiwan.
Shenzhen in the second respondent think in the book:? an apple submitted ? core ? evidence ? the so-called e-mail occurs at apple on one side and the outsider Proview Electronics Company Limited, there is no any authorized personnel participating in our. From the apple an instance is provided, its authenticity was unable to confirm the message ? content ? point of view, can see the assignor are refers to Taiwan, not us ? Shenzhen.?
In the second instance of civil lawsuit, Apple says, a trial program error, Taiwan is the case of important stakeholders, shall be appended as a party to the case.
Apple in the second civil appeal again mentioned earlier, both the contract shall apply to the practical implementation of the provisions of the law, the validity of the contract shall apply to the indirect agency ( the agency for an unnamed ) law, director of President Yang Rongshan on Shenzhen has a legal effect. The only winner in the answer that, a year after losing a lawsuit trial, apple party suddenly out of the so-called ? indirect agency ( the agency for an unnamed ) ? point of view, it is sophistry.
Xiao Caiyuan believed that Apple?s appeal point of view is not set up:? this case may Apple earlier misjudgment, only went to the now back at present situation, they want to delay the time, low cost good decent underground level.?
In the legal profession, the key point of the case is that, Taipei and Shenzhen between although have associated, but doesn?t mean to each other.
The reporter interviewed a number of senior industry legal professionals are considered, the second apple wins the possibility is very small. Among them, Beijing Sheng Feng director of Law Firm lawyer Yu Guofu indicated to the newspaper,? from a statistical perspective, the second instance for instance judgement-changing ratio is very small. But some intellectual property cases, confirmed the losing party often or appeal, mainly in order to gain time for his release, and the chance for reconciliation, or reconciliation talks in cost.?
Many reporters contact Apple lawsuit agent Yang Hao, he said that the comment on. The newspaper was informed that, iPad trademark dispute case of final appeal will this month 29 days morning in Guangdong first court high court.
Xiao Caiyuan said, Apple has always claimed to protect intellectual property rights, but in the packaging of good appearance, is openly to violations of intellectual property rights of others things, must be in accordance with the law to pay the cost of infringement, and not because of their strong economic strength in the Chinese mainland to seek super national treatment.
Blocking action
But let Apple unexpected is, at the end of 2011 Shenzhen cases after losing in the first instance, the national business sector to start with only coronal aspects of contact, hope only coronal with iPad trademark infringement, to Apple?s infringement business investigation.
Public information display, Shandong and Jiangsu and other places of industry and Commerce Bureau began to sell iPad stores and distributors in the investigation. Xiao Caiyuan revealed, more areas of industrial and commercial bureau are closely watching the matter, and to their understanding of relevant tort details.
Weihai ?s Rushan City Industrial and commercial bureau a Shao name staff to our confirmation, at the end of last year that Apple had after the case, on December 28, 2011, begin to subordinate to the Rushan city including Su Ning iPad dealership to ?sales of infringement of a registered trademark of the tablet PC ? for, the related product attachment. ? But, in February 5th, that Apple will be a second appeal, we started to withdraw letter of all the iPad. There are still waiting for the final judgments.? Rushan City Administration of industry and Commerce will be divided into two steps and, if Apple final losing, still will continue within the jurisdiction of the iPad product is fully sealed, if Apple Inc, of course will be dismissed. It is reported, in downtown Weihai, the business sector on the iPad store distribution were investigated.
Meanwhile, a public information display, recently, Shenzhen to the Shanghai Pudong New Area court to ban the requirement in the Shanghai area, ban apple iPad trademark products.
In iPad sales channels by the ban in the round at the same time, if the appeal was upheld, the apple company in addition to the director for huge trademark tort compensation, could face heavy fines.
According to the? law of the people?s Republic of China Trademark Law? the fifty-second regulation, for trademark infringement behavior, the amount of fines for illegal operation of more than 3 times the amount of the following.
According to Analysys International ( micro-blog ) data, from the fourth quarter of 2010 to the third quarter of 2011, apple iPad series Tablet PC cumulative sales of 3620000 units in china. According to the average price of 3000 yuan per unit calculation, apple in China iPad products marketing to the third quarter of 2011, has reached 10800000000 yuan. If the second after losing, bureau of industry and commerce to iPad maximum fines can exceed 30000000000 yuan.
Understand according to the reporter, in the early apple losing in the first instance before Beijing, Xicheng District branch of trade and industry was the iPad trademark infringement to the apple opens 240000000 yuan ticket, mainly because of China ?s 5 outlets of Xidan City Apple store is located in Xicheng District, but because Apple demur, the ticket was temporarily down. Reporters call the West Industrial and commercial bureau for verification, the staff are not informed refuses to comment on.
Unnamed sources indicated to the newspaper,? Beijing is the political center of the United States, for the super large enterprises and is easy to be risen to the height of politics. In Shenzhen or Zhengzhou where, due to presence of apple and Foxconn have all kinds of connections with the contact, to undertake investigating, will involve too many interests, and difficult to operate, so in a small place attachment is relatively easy to start.?
Once the world?s three largest display maker only coronal group, since 2003 and had a load with Motorola ( micro-blog ) cooperation, trying to enter the field of home appliances by Motorola, restrict, Miss comprises a flat television, the market opportunity, outstanding achievement also glides all the way. To be in debt restructuring period of Shenzhen, iPad trademark significance is self-evident.
Beijing Sheng Feng director of Law Firm lawyer Yu Guofu thought,? to the eventual outcome of the case, I believe that the two sides to seek balance point to reconciliation.? Prior to this, the market assessment of the settlement amount will reach tens of billions of magnitude, but does not rule out the apple after losing, consider replacing the trademark.

Source: http://www.dataofic.com/201202/ipad-trademark-battle-china-sales-channels-block.html

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