According to Guangzhou Daily, the widely concerned iPad trademark conflict is oiled by the battle between Proview and GOME (HKEx: 00493), the distributor of iPad. And the new dispute has been brought to the Shenzhen Futian People’s Court and heard on 30th, December, 2011.
Shenzhen Proview claims itself the legal trademark owner of iPad, and as investigated, GOME sold the tablet with iPad trademark in its stores with no license from GOME, therefore, the misconduct of GOME shall be the trademark infringement. Thereby, Proview demands GOME stop selling the tablet, destroy all the marks or package related to the infringement, cancel any propaganda concerning iPad and take all the expenses on the investigation, evidence collection and other reasonable costs.
Accordingly, the attorney of GOME defends that it’s not necessary for GOME to put notice on any possible infringement against iPad when selling the tablet. Meanwhile, for the sentence on the lawsuit between Apple and Proview has not come into effect, the hearing court of the dispute between Proview and GOME has received the application of hearing pending. And now the case is in further proceeding.
According to Bridge IP Law Commentary’s opinion, for the producer and seller of the infringing product shall take the joint liability by China law, Proview is entitled to file the lawsuit against the distributor and may get huge compensation shall its claims were supported by the court, and thus on the other hand is the pressure to force Apple to purchase the iPad trademark from Proview though the sentence of the second instance has not been made.
By our experience, it’s also most likely for Proview to make complaint to the Industry and Commerce Administration throughout China aginat Apple and its distributor, demanding the administrative sealing up of all iPad products and fines.
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Author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.