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?
There regulates no provision on the product return by consumer when the it has been judged infringement. While in the Consumer Interests Protection Law, the product return is also applied in the situation when the purchased one is examined quality rejected or the fraudulence is confirmed. However, for the purchase of iPad, the customers are fully are of that iPad is the product of Apple, and no confusion is likely to arouse between the device’s trademark and that of Proview’s product. Also Apple has no intention of fraudulence hereby. Furthermore, the quality of iPad devices has been widely recognized, therefore, it does not seem to be supported by the court on any claim of product return for the trademark infringement.
2. Once the second decision maintains the original judgment, what measures could Apple take to avoid the infringement? Shall it quit China or change the trademark, or anything else?
Once the court determines the invalidity of the trademark transference contract, there are only 2 options left for Apple: 1. To purchase the trademark from Proview. As estimated, both parties could have already got into the negotiation while the settlement could not be achieved for the gap of the price; or 2. The device sold in mainland China shall not be marked as iPad. For the next generation of iPad is coming, we think Apple could otherwise name the device.
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Author: You Yunting
Attorney-at-law of DeBund Law Offices
Co-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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