Tag Archives: commercial practice

Is Tencent’s 51Buy’s “Higher Price Reimbursement” Strategy against 360buy Illegal?

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360截图-29354723_副本

(By You Yunting) As reported by the media, the e-commerce site 51buy.com has instituted a so-called “higher price compensation” strategy: if clients of 51buy.com, an affiliate of Tencent, find a lower price for an item on 360.com, then 51buy.com will refund the price difference to the client as credits. According to 360buy.com, however, this action violates the Anti-unfair Competition Law and relevant commercial ethics. 360buy.com therefore sent a warning letter to 51buy.com. In reply, 51buy.com used its Weibo to state that the activity is legitimate and will continue.

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Is It Worth for Apple to Pay $60M for iPad Trademark?

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According to the media report, the Guangdong People’s High Court announced on the 2nd of July that Apple has concluded a mediation agreement with Proview in the iPad battle, which will be finally settled with the trademark transferred to Apple on its payment of $ 60 million. After the news, the settlement amount of $ 60 million offered by Apple has soon been the focus of the public, and in this essay, we would like to discuss has Apple gained a bargain in the settlement?

For Apple, the payment may be less than its value for the following reasons:

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Apple Pays 60 million US Dollars for iPad Trademark in China

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By You Yunting

On the morning of the 2nd of July, the Guangdong People’s High Court announced both Apple and Proview prefer toend the case through mediation in the iPad battle, and both parties have confirmed the final settlement with $ 60 million paid by Apple for the trademark’s ownership in mainland China and thereby signed the agreement of mediation.

By the agreement, Apple shall remit $ 60 million yuan to the appointed account by the court, and meanwhile, on the 28th of June Apple has applied for the enforcement of the above agreement to the Shenzhen Intermediate People’s Court, where the 1st instance of the trial is heard. After the application, the Shenzhen Court sent the State Administration of Commerce and Industry the judicial decision and the notice of enforcement assistance today, by which the iPad trademark shall registered under the name Apple.

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Where Apple’s Confidence Comes from in iPad Trademark Dispute?

For the battle between Apple and Proview, we think the only way to guarantee the mutual benefit is the conciliation, in which Apple could continuously use the iPad trademark and Proview could gain the transfer fee thereby, otherwise it will leave nothing for the creditors of Proview while Apple still holds its leeway.(the image today is the showcase of a Apple retailer in Shanghai)

On the evening of 14th February, Apple pulled iPad from Amazon China and halted its stop. Also Apple stated that “We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple in China”. All these show that Apple determines to hold its hard line in the battle over the iPad name, and even may stop the sale of the device. Then why shall Apple be so hard? The reasons may be the follows:

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