Shanghai Court Rules in Favor of Apple, Allows the Company to Continue selling iPad in Shanghai Stores
Apple has finally won a bit of reprieve, as a Shanghai court ruled in favor of the company, allowing it to continue to sell its popular tablet in Shanghai.
Proview technologies, who won a trademark infringement suit in Shenzhen over Apple’s rights to the iPad trademark in China, had requested a Shanghai court for a provisional injunction to be imposed against Apple to remove the iPad from Shanghai stores and prevent it from selling the device in the city as the company is still battling a trademark infringement case.
Proview claims that they still own the right to the iPad trademark in the Chinese market having registered it in 2000. Proview had registered the iPad name in several countries, but sold those rights to Apple in 2009. Unfortunately for Apple, the Chinese trademark was not included in the sale as it was owned by Proview’s Shenzhen subsidiary, resulting in Apple losing a similar case in Shenzhen. Apple is now appealing its case in a High Court in Guangdong on February 29.
Ultimately the court’s decision created a heated discussion between Apple and Proview lawyers. Apple lawyers said that Proview’s claim of the iPad device is unheard of since they have no market, no sales and no customers, while Apple’s business is benefiting China proving jobs and tax revenues. Proview argued stating that these factors were irrelevant. The Shanghai court judge had to warn lawyers from both sides on their behavior as they argued with each other in court.
Much can be said in terms of how people view the case of Proview against Apple, some say that Apple should have been more diligent when buying the rights to the trademark name in Taiwan and China, blaming the company for its own negligence, while others say it is about the money, where a struggling company sees a way out financially.