(By You Yunting) In the end of 2013, the Beijing Higher People’s Court rejected Apple Inc.’s trademark opposition towards “苹果” trademark (read “Pingguo” in Chinese and referring to “Apple” in English) under Class 28 for game console against Zhongshan Readboy Electronics Co., Ltd. Thereafter, Apple Inc. has gone through 4 procedures, including the Trademark Office’s opposition proceeding, TRAB’s review procedure and two administrative actions and ultimately lost the “苹果” trademark under Class 28 for game console. The following are abstracts from the judgment of the final trial and our comments.
(By You Yunting) Recently, Evad3rs released a new jailbreak tool called Evasi0n7.0 for Apple’s iOS 7 with Chinese name “太极7”. Due to Evasi0n 7.0 forcing Chinese jailbreak users to the default installation of TaiG app store in China, all public opinions on domestic Internet websites are criticism-oriented and most reports stated that Evasi0n 7.0 was a counterfeit software tool.
The principal Pod2g of Evad3rs team today expressed his opinions on Twitter that Evad3rs have decided to remotely disable the default installation of TaiG app store in China for further investigations on the piracy issue. As an intellectual property lawyer, I paid great attention to this issue. I hope this post has broached several legal problems as follows.
(By Albert Chen) In yesterday’s post, we analyzed why Tencent would confront with the trademark squatting, and mainly blamed it for the defect on the internal management. Today, we would continue our discussion, and share our opinions on how could Tencent take back or stop the first application by others.
Before the end of this year, no one would oppose “iPad battle” shall be the trademark dispute of the year, and yet with the breaking out of conflict on the trademark of “微信”, a LBS software from Tencent Inc. (the “Tencent”) and its English name is WeChat, that affirmation would be challenged.
By You Yunting
A friend asked me a question: why by the latest USA legislature, to unlock iPhone shall be against the law, while it is permitted by law to do so for iPad? This question is complicated on essence, and it actually involves two restrictions designed by Apple on its devices.
On the initial launch of iPhone, the exclusive operating partner of Apple for its new device in USA was AT&T, and therefore it built the capability into the phone so as to ensure only the AT&T would be service network. Later on, as detained a slow internet speed, such a SIM lock was soon been unlocked, and from then on other operator could serve the users with iPhone.
By You Yunting
In March of 2012, 22 Chinese authors filed a lawsuit against Apple in Beijing No.2 Intermediate People’s Court and claimed compensation of more than ten million. In the case, the plaintiffs stated that their works have been adapted into apps used on iPhone, iPad and iPod Touch, free of being charged at App Store. The case is the first lawsuit with the operator of App Store being the defendants, and will produce a prominent influence on the newly developed online store, which was launched in 2008 and with more than 360 million users . Now the litigation is under the spotlight, and this essay is focusing on the legal status of Apple and the defects in the process complaints of the store.
According to the news from China Daily (note: the link is in Chinese), there’s new progress in the iPad battle between Apple and Proview, and just like our past judgement, for the value of iPad trademark is impossible to estimate, the Shenzhen Intermediate People’s Court recently adjudicated the refusal on Taiwan Fubon Insurance’ s application on the bankruptcy liquidation of Shenzhen Proview.
Taiwan Fubon Insurance applied the bankruptcy liquidation to the Shenzhen Intermediate People’s Court on Shenzhen Proview who failed to clear the debt due and being insolvency. After the investigation, the court takes Shenzhen Proview as the only legal owner of iPad trademark for the mark is still registered under the name of Shenzhen Proview. Currently, Shenzhen Proview’s intangible asset are remained un-estimated with its value not determined, and thus it could not decide whether Shenzhen Proview is trapped in insolvency and enable to pay its debt; therefore the court adjudicated the refusal of Taiwan Fubon Insurance.
Some suggestions to Apple’s Chinese Operation
As reported by IT Times (note: the link is in Chinese), some apps in Apple’s App Store are complained by clients for its poor quality due to the loose supervision by the company, and also the settlement on the problem is difficult when encountered such problems. (the image above is the screen shot of one of the complained apps in App Store)
Therefore, we have searched the reports and news concerning the apps on the internet, by which we have found more than ten apps are charged for its fraudulence, including the apps designed for Taobao, the biggest online shop in China, mobile phone carrier service apps and traffic violation record, and the complains focus on the non-conformance to its publicity or being available. Besides, it also comes to our attention that the refund application is complicated for the entrance for the refund application is too difficult to be found shall there were no aid from Apple’s service tel.
For the claimed iPad trademark infringement, as media reported, the Industry and Commerce Administration of Shijiazhuang City, Hubei Province of China, detained more than 40 iPads on the report of Proview, the registered owner of iPad trademark. For this issue, Mr. You Yunting was interviewed by Donews, a tech website in China, and the following is the details of the interview: (the image above is Proview’s Certificate of Trademark issued by Chinese government )
1. When the infringement of Apple is judged established, could anyone bought iPad choose to return the device to Apple?
—Does Chinese Makers of Steve Jobs Action Figures Constitute Crime?
I have done a research on the biggest C2Cwebsite, TaoBao, finding at least two hundreds web selling Steven Jobs action figures with various sizes, the prices of which range from 4 dollars to 100 dollars that are much cheaper than 99.99 dollars of In Icons. Obviously, the Apple and the owner of right of Steven Jobs’s likeness shall combat the infringing products in China.
—comment on the game software infringement by China laws
Highlight: To introduce you the most common infringement against the online game and the methods by which the right owner could stop the infringement or to gain the profit by licensing the infringer.
As news reports, Shengtiantang, a China game company is complained and demanded to withdraw by Blizzard for the company’s developed game World of Starcraft on iOS platform, meanwhile, Apple has also noticed Shengtiantang of the no infringement evidence.