The Extension of the iPad Trademark Battle: Proview Charged iPad Distributor GOME in China

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.

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According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark

According to the latest news, Shenzhen Media People’s Court judged on the iPad trademark conflict between Apple Inc (the “Apple”) and Proview Technology (Shenzhen) Co., Ltd. (the “Proview”), and Apple’s claim of Proview’s infringement against its trademark was rejected. That means the ownership of iPad trademark in China still belongs to Proview.

For this case, Bridge IP Law Commentary has expressed our opinions and analysis in the No “iPad” Chinese trademark right for Apple after payment in the transaction. And we anticipate that Apple may appeal to the higher court, while the case may end up in the consequence that Apple shall lose iPad trademark in mainland China shall the higher court maintained the judgment.

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