Wednesday, December 7th 2011

Apple Suffers Setback in iPad Brand Name Dispute with Proview in Chinese Court

Barring the Mac, Apple's rather generic-sounding brand names have often invited trademark disputes. Be it Apple's now resolved dispute of the name "iPhone" with VoIP major Cisco, or its rather bizarre claim to the word "App" that was stonewalled by a variety of industry majors such as Amazon.com, which it is likely to lose. A relatively unheard of brand name dispute has been over the name "iPad", which Chinese company Proview Technology claims to have been holding since before the release of the popular tablet device.

The Shenzhen-based company got an immediate respite when the Shenzhen Intermediate People's Court rejected Apple's claims to the iPad moniker. Apple had almost brokered a deal with the Taiwan branch of Proview, which the Shenzhen HQ rejected, sending the two in a legal tussle over the brand name. Proview claims to be holding the iPad brand name since the year 2000. Proview plans to take this minor yet significant legal victory forward in seeking an immediate halt of sales of iPad (at least in China), and about US $1.5 billion in damages from Apple, which it can appeal against the verdict in a higher court.

Source: Reuters
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34 Comments on Apple Suffers Setback in iPad Brand Name Dispute with Proview in Chinese Court

#1
Frick
Fishfaced Nincompoop
In before Apple haters.

So they've owned the name since 2000? I think they have a fortune teller on staff.
Posted on Reply
#2
Easy Rhino
Linux Advocate
by: btarunr
Proview plans to this minor yet significant legal victory forward in seeking an immediate halt of sales of iPad (at least in China), and about US $1.5 billion in damages from Apple, which it can appeal against the verdict in a higher court.
seriously? has anyone not living in Asia heard of Proview? yet everyone in the world knows Apple and knows they make the ipad.
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#3
BrooksyX
I do agree that some of these lawsuits are very silly. However do I enjoy to see apple on the other side of the fence from time to time so they can see themselves in the position that they put other companies in.
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#4
bear jesus
Does proview have a product called ipad or did they just copyright the name and not use it for around 11 years?

by: Easy Rhino
seriously? has anyone not living in Asia heard of Proview? yet everyone in the world knows Apple and knows they make the ipad.
Heard of proview monitors but they are not exactly widely available here as far as i can tell.
Posted on Reply
#5
arterius2
by: bear jesus
Does proview have a product called ipad or did they just copyright the name and not use it for around 11 years?



Heard of proview monitors but they are not exactly widely available here as far as i can tell.
haha, this article is so interesting for me, because I'm working in Shenzhen, and my entire company of over 200 employees, all uses Proview monitors - because they are super cheap. (well except for me and few others who uses Dell IPS for colour reproduction)

so im going to grab a chair and popcorn, and watch the show.
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#6
Breathless
you reap what you sow Apple. Eat that.
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#7
Completely Bonkers
by: Breathless
you reap what you sow Apple. Eat that.
Actually, it doesn't matter WHO is wearing the boot, and who is getting shinned, I am wholly against "camping" names and micropatents of relatively "generic anyone could invent that" ideas. While Apple stake claim to some pretty obvious ideas like "touch to navigate", I sympathise with them if someone in one country can camp a name that they have spent millions if not billions "owning" and "marketing" throughout the rest of the world.
Posted on Reply
#8
FordGT90Concept
"I go fast!1!11!1!"
...China has courts? I'm shocked! :eek:
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#9
lashton
by: Easy Rhino
seriously? has anyone not living in Asia heard of Proview? yet everyone in the world knows Apple and knows they make the ipad.
ANYONE in the IT industry has heqrd of proview, its well known also that they owned the name IPAD also, they released papers proving it, Apple will loose this legal battle as Proview can prove they own IPAD since 2000.

I hear apple fan boys about to cry :banghead:
Posted on Reply
#10
Easy Rhino
Linux Advocate
by: lashton
ANYONE in the IT industry has heqrd of proview, its well known also that they owned the name IPAD
funny, i just asked 10 other IT people in my building here in the good old USA and none of them had heard of Proview. guess how many had heard of Apple? ;)
also, they released papers proving it, Apple will loose this legal battle as Proview can prove they own IPAD since 2000.

I hear apple fan boys about to cry :banghead:
yes, yes but you see buying a name and then doing nothing with it is what causes these problems. it is not like apple deliberately created the ipad to steal revenue from proview...
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#11
Static~Charge
by: Completely Bonkers
Actually, it doesn't matter WHO is wearing the boot, and who is getting shinned, I am wholly against "camping" names and micropatents of relatively "generic anyone could invent that" ideas. While Apple stake claim to some pretty obvious ideas like "touch to navigate", I sympathise with them if someone in one country can camp a name that they have spent millions if not billions "owning" and "marketing" throughout the rest of the world.
If Proview really has held the iPad brand name for the past 11 years, that hardly qualifies as "camping" (unless someone on their staff is psychic). If Apple wants to use a product name that someone else owns, then Apple needs to put a crowbar in their collective wallet and buy the rights to the name -- instead of whining to a judge that "I want to use that name but Proview already has it and they won't give it to me!" (then lying on the floor, kicking their feet and holding their breath until they turn blue).
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#12
ironwolf
I know roughly a dozen really in-the-know IT people here in town (other than myself, natch), half of them have heard of Proview and/or used their monitors. Guess it is hit or miss on their brand recognition.
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#13
TRWOV
Apple will just settle and buy the rights to the name from Proview. Also this will only affect Apple in China. Nothing to see here.
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#14
Completely Bonkers
by: Static~Charge
If Proview really has held the iPad brand name for the past 11 years, that hardly qualifies as "camping" (unless someone on their staff is psychic). If Apple wants to use a product name that someone else owns, then Apple needs to put a crowbar in their collective wallet and buy the rights to the name -- instead of whining to a judge that "I want to use that name but Proview already has it and they won't give it to me!" (then lying on the floor, kicking their feet and holding their breath until they turn blue).
No. The story is a little different. Proview had a product in 2000 called the I-PAD which failed. 10 years later they demand $1.5 billion from Apple for the rights to trademark the name in China. No. That is nonsense. Proview has made no investment and has no product and no existing brand value out of the name iPad, which by the way, is technically a different spelling.

If Proview had invented some interesting technology, I have no problem in Apple paying a license fee. But camping on a name and demanding that kind of money, is, IMO, legalised extortion. And I disagree with it, no matter who is the perpetrator.
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#15
TRWOV
That's not how trademark law works; it doesn't matter if you have a product or not.

I have rights on a brand name that I used several years ago but I've been renewing the rights every 5 years even though I haven't used it in like 11 years. You never know when you're going to need it and trademark applications are cheap.
Posted on Reply
#16
Easy Rhino
Linux Advocate
by: TRWOV
That's not how trademark law works; it doesn't matter if you have a product or not.

I have rights on a brand name that I used several years ago but I've been renewing the rights every 5 years even though I haven't used it in like 11 years. You never know when you're going to need it and trademark applications are cheap.
right, but then any douche could register a 100 different variations of i and eventually apple will create a product with that name :laugh: instant millions. problem?
Posted on Reply
#17
TRWOV
by: Easy Rhino
right, but then any douche could register a 100 different variations of i and eventually apple will create a product with that name :laugh: instant millions. problem?
The applications would likely be rejected because Apple has already established a strong brand of i-devices. Both Cisco's and Proview's applications were made before that.

I tried to register "Black Bull" as a brand of boots and got rejected because "Red Bull" decided to take the carpet bombing approach as they had registered the Red Bull trademark in each one of the 36 categories present in Mexican legislation. So in the event that Red Bull would want to start a plumbing business, a restaurant or whatever they might come up with they are covered, at least in Mexico. :p
Posted on Reply
#18
tigger
I'm the only one
Proview had a product called I-PAD, the fact that it failed is here nor there, the point is, they have a trademark on the name, all apple can do is suck it up if Proview don't want to sell the trademark.
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#19
suraswami
by: TRWOV
Apple will just settle and buy the rights to the name from Proview. Also this will only affect Apple in China. Nothing to see here.
Nah, they will just buy Proview and fire everybody there :D
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#20
Munki
I wish both companies would just shut the *u*k up.
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#21
TRIPTEX_CAN
by: Easy Rhino
funny, i just asked 10 other IT people in my building here in the good old USA and none of them had heard of Proview. guess how many had heard of Apple? ;)



yes, yes but you see buying a name and then doing nothing with it is what causes these problems. it is not like apple deliberately created the ipad to steal revenue from proview...
Irrelevant if your coworkers heard of Apple and not proview. If proview held/holds the patent then apple cant eat it. Apple has made a point of defining gray areas in only black and white.. fuck em

Apple can chock and die on legal arbitration for they way they do business.
Posted on Reply
#22
Easy Rhino
Linux Advocate
by: TRIPTEX_CAN
Irrelevant if your coworkers heard of Apple and not proview. If proview held/holds the patent then apple cant eat it. Apple has made a point of defining gray areas in only black and white.. fuck em

Apple can chock and die on legal arbitration for they way they do business.
i know it is irrelevant, which is why i applied to his remarks with a ;)
Posted on Reply
#23
faramir
by: Completely Bonkers
No. The story is a little different. Proview had a product in 2000 called the I-PAD which failed. 10 years later they demand $1.5 billion from Apple for the rights to trademark the name in China. No. That is nonsense. Proview has made no investment and has no product and no existing brand value out of the name iPad, which by the way, is technically a different spelling.

If Proview had invented some interesting technology, I have no problem in Apple paying a license fee. But camping on a name and demanding that kind of money, is, IMO, legalised extortion. And I disagree with it, no matter who is the perpetrator.
No. What's nonsense is that Apple could have named their product anything they wanted to that wasn't taken already (something along the lines of 'ApplPad' was bound to be free and at the same time connecting company name with their product directly). They went with a name that was already taken and couldn't be bothered to check it out in what is one of the largets markets in the world, one that they are present in. I could easily understand if they didn't bother to check in Djibuti and Palau because they aren't selling their product there, but not checking a large market that you intend to enter is plain dumb. So yeah, phuck Apple and their apologists ;)

Proview is right to sue and I honestly hope they get a shitload of cash from the pile of money Jobs has been bragging about. Those arrogant a$$holes need a couple more lessons ... keep them coming !
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#24
Winston_008
rules are rules if apple wants to use a name that is already trademarked they pay for it. Its not proviews fault apple is too lazy to find out if a name is already in use or not.
Posted on Reply
#25
Mussels
Moderprator
by: Winston_008
rules are rules if apple wants to use a name that is already trademarked they pay for it. Its not proviews fault apple is too lazy to find out if a name is already in use or not.
and they did - in north america, at least.
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