Apple lost the first trial IPAD trademark Xidan shops or fined 200 million

April 2011, Proview Shenzhen, Beijing Industry and Commerce had reported Apple IPAD trademark allegedly infringing use, Xicheng District, Beijing Industry and Commerce Bureau had in May in Beijing Xidan Store Apple's investigation, and issued a notice of proposed penalty, single shop involving an amount of 200 million yuan fine. As the litigation has indeed the right verdict, expected in the near future, the business sector may be punished accordingly.Recently, much concern to the industry's IPAD trademark case verdict. Shenzhen Intermediate People's Court held that the plaintiff United States, Apple and IP Application Development Company Limited (IP Application Development Limited, hereinafter referred to as "IP Company") owned all of its trademark claims can not be established.
Analysts have learned that the first trial, said it expects Apple will soon be an appeal, or they will become a "tort" and compensation for use of the trademark is likely to reach the huge hundreds of billion yuan.
The defendant's agent Proview Shenzhen Grandall Legal Group (Shenzhen) Office Xie Xianghui lawyer is December 8, said to the Chinese capital securities Network, April 2011, Proview Shenzhen, Beijing Industry and Commerce Bureau had reported use of Apple IPAD allegedly infringing mark; Beijing Xicheng District, the Bureau had in May in Beijing Xidan Store Apple's investigation, and issued a notice of proposed penalty, the amount involved in a single store fined 200 million yuan.
December 8, the relevant departments of Apple's phone has no answer.
Apple lost the first trial
The cause of the IPAD trademark dispute can be traced back 10 years ago, in June 2001 and December, Proview International Holdings Limited (hereinafter referred to as "Proview Holdings"), a subsidiary of Proview Technology (Shenzhen) Co., Ltd. (hereinafter referred to as "Proview Shenzhen") at the China Trademark International Journal of 9 classes (ie electronics) to obtain the IPAD graphics and text with a word mark trademarks of the trademark. Proview Shenzhen, the trademark in its self-developed liquid crystal displays and other electronic products.
2001 to 2004, another subsidiary of its holding Proview Proview Electronics Co., Ltd. (hereinafter referred to as "Taiwan Proview") at the European Union, Korea, Mexico, Singapore, Indonesia, Thailand, Vietnam and other countries and regions to obtain a total of 8 "IPAD" relevant registered trademark rights.
In 2006, IPAD Apple planning to enter the European market, the IPAD trademark owned by that Taiwanese Proview all, once the grounds of revocation of trade mark idle want IPAD trademark, but lost in the UK.
In September 2008, IP companies Proview contacts with Taiwan, Taiwan Proview required transfer all the world to its IPAD trademark (in addition to its own registered trade mark other than the eight, including two in Shenzhen Proview TM).
December 23, 2009, IP's from Taiwan at a time of hardship imposed £ 35,000 Proview bought IPAD trademark.
January 27, 2010, at a press conference on Apple introduced to the market marked with IPAD trademark of its Tablet PC product. April 3, Apple's sales in the United States marked its IPAD trademark of Tablet PC products. April 7, Apple signed with the IP transfer agreement to the transferee on the price of £ 10, including 10 involving trademarks, including trademarks. September 17, Apple began selling its market in China is marked with "IPAD" trademark Tablet PC products.
At this point, Apple co-IP company puts a lawsuit filed Proview Shenzhen court.
Shenzhen Intermediate People's Court on April 19, 2010 accepted the case and on February 23, 2011, August 21, October 18 trial three times, and ultimately decided to dismiss the two plaintiff's claim.
Court held that the plaintiff should obtain another person's trademark business, should bear a higher duty of care, should be in accordance with our laws, and trademark rights trademark transfer contract entered into, and complete the necessary procedures for the transfer of a trademark. The case one of the plaintiffs trademark transfer contract system the IP signed with Taiwan Proview, Proview Shenzhen and with no apparent agency between established. (Note: Although there is no agency is the agency by estoppel, but there are enough people on the surface of the letter as I have power of attorney and shall be held responsible authorized agent.)
Apple is expected to appeal the amount of compensation or ten billion
Analysts have learned that the first trial, said it expects Apple will soon be an appeal, or they will become a "tort."
In this regard, the agent Proview Shenzhen Grandall Legal Group (Shenzhen) firms Xiexiang Hui lawyers also said that after the first trial, the appeal of Apple's very likely, if you do not appeal, you can not use Apple IPAD trademark, the been identified as infringing, IPAD will stop selling the product.
For many of the media reports may occur hundreds of billions of huge compensation for use of the trademark, Xie said the lawyer, Proview Shenzhen has been working with Apple to maintain communication and hope that both sides can return to the negotiating table. And in fact, prior to listing in the IPAD, Apple has had with the Proview Shenzhen negotiations, but had not been settled, after Apple made the right to do litigation. Thus, the Shenzhen Proview feels that Apple should not only pay the trademark right to use the license to pay the cost of compensation should also be required to pay the costs of infringement, so the amount of compensation may be large.
The IP company suspected of using deception to obtain trademark rights issue in Europe and other places, Xie lawyer said he was not in charge, the current understanding of information is the only Crown Holdings has also intend to set up a false IP's proceedings in violation of U.S. laws, the current in preparation.
Apple dealer or penalties related to the amount of 200 million yuan fine single store
According to latest reports, organized by lawyers Proview Shenzhen Yuan Xiao told the media that it has two distributors of Apple filed a lawsuit, Futian District in Shenzhen and Huizhou Municipal Intermediate People's Court People's Court, has been filed, two cases respectively, in 2011, and December 30, January 17, 2012 hearing.
And Xie Xianghui lawyer also revealed that in April 2011, Shenzhen, Beijing Industry and Commerce Bureau had Proview report Apple IPAD trademark allegedly infringing use. Xicheng District, Beijing Industry and Commerce Bureau had in May in Beijing Xidan Store Apple's investigation, and issued a notice of proposed penalty, the amount involved in a single store fined 200 million yuan. Apple then request a hearing, and hearing in June, the business sector is currently not the final penalty decision.
Xie said the lawyer, as indeed has the right of action first instance verdict, expected in the near future, the business sector may be punished accordingly.
December 8, the relevant departments of Apple's phone has no answer. Apple lost the first trial IPAD trademark Xidan shops or fined 200 million