Marbridge Daily

January 30, 2012

Update: Apple Appeals iPad Trademark Lawsuit

Sina Tech, 1/29/12

Shenzhen-based display device manufacturer Proview Technology, a subsidiary of Proview International Holdings (0334.HK), announced recently that Apple and its associated company IP Application Development had filed an appeal with the Higher People's Court of Guangdong Province in their failed iPad trademark lawsuit case. Apple is seeking control and ownership of the iPad trademark in Mainland China, as well as damages and legal costs totaling RMB 4 mln.

Apple laid forth a number of views in its appeal, including that the case should be adjudged according to the laws of the Hong Kong Special Administrative Region; that Proview (Shenzhen) had given written authorization for Proview International Holdings' Taiwan subsidiary, Proview Electronic, to sign a trademark transfer agreement, under the principle of unnamed agency, meaning that all iPad-related trademarks should be considered by the court to have already been transferred by Proview (Shenzhen) to Apple. Apple will also name Proview Electronic as a defendant in the case.

Proview reportedly plans to seek RMB 10 bln in damages from Apple, and could seek to settle the suit for a figure in the billions of RMB.

Editor's Note: For more background on this topic, please see "Apple Loses iPad Trademark Lawsuit" MD 12/07/11 issue.

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