Tag - Proview
The Chinese government is planning to crack down on "malicious" trademark applications, Reuters reports. A proposed amendment is expected to better protect international brands sold in the country, and give copyright owners the ability to block similar or identical trademark registrations. The change is said to have been prompted by a number of high-profile incidents, such as the confrontation between Apple and Proview over the iPad trademark.
Following the resolution of the lawsuit between Apple and Proview over the iPad trademark, iPad shipments to the Chinese market have nearly doubled. This according to analysts with research firm IDC, who found that shipments of Apple's tablet jumped from 1.15 million units in the second quarter of this year to 2.07 million in the last quarter. The release of the third-generation iPad had been delayed following the finding by Chinese government officials that Proview rightfully held claim to the iPad trademark.
Although Apple's legal battle for the iPad trademark in mainland China is over, the entire fight may not be complete. Bankrupt computer monitor manufacturer Proview has yet to pay the Grandall Law Firm that helped negotiate the $60 million settlement with Apple for the iPad name. As previously reported, Grandall is suing Proview and is also pushing to block the intellectual property transfer to Apple, attempting to force Proview (or potentially Apple) to pay its legal fees before the multitude of creditors demanding money from Proview are paid.
The legal agency which represented Proview in its recently-settled lawsuit with Apple, Grandall Law Firm, is now suing its former client, reports say. Grandall says that Proview has failed to pay a promised 4 percent of Apple's payout, which translates to about $2.4 million. Apple settled with Proview for $60 million in order to secure use of the iPad trademark in mainland China.
Apple has settled with Proview for $60 million over alleged infringement of the iPad trademark in China, according to Reuters. Apple had claimed that it was the legal owner of the iPad trademark after buying naming rights from Proview in 2009 using a shell company. Although Apple has insisted its deal included the transfer of naming rights in mainland China, Proview asserted default control of the iPad name in the region.
The Higher Peopleís Court of Guangdong is delaying its decision on an Apple appeal asserting ownership of the iPad trademark in China, according to Zhao Le, a spokesman for the court's foreign affairs office. Apple has long maintained that it owns the rights to the iPad trademark in mainland China, having made a deal with local owner Proview in 2009. In November, though, a lower court ruled in Proview's favor in a lawsuit, arguing that Proview's Shenzhen division was the actual owner of the mark, but hadn't been represented in the deal.
[Update: Proview said to have rejected the offer] The settlement offer Apple is extending to Proview is valued at $16 million, according to local reports. Earlier this week a Proview lawyer claimed that the two parties were discussing a compensation package, and that Apple had even named an amount, but at the time he declined to provide any more details. If accurate, the $16 million figure will still fall well short of the $63 million Proview owes to creditors as a part of its bankruptcy.
Progress is being made in settlement talks between Apple and Proview regarding the Chinese iPad trademark lawsuit, lawyers for Proview claim. One of them, Xie Xianghui, recently spoke with China's official Xinhua news agency, and said that the two parties have discussed a compensation package. Apple has even allegedly mentioned a specific sum, but Proview has yet to agree to anything.
Chinese government officials are currently siding with Proview in the company's iPad trademark dispute with Apple, reports suggest. The Associated Press quotes Yan Xiaohong, deputy director of the National Copyright Administration, as saying that the government considers Proview Shenzhen to be the rightful owner of the trademark. The Wall Street Journal meanwhile cites Fu Shuangjian -- the deputy director of the State Administration for Industry and Commerce -- as having a slightly different perspective.
Apple and Proview are in active settlement talks regarding their iPad trademark dispute, a lawyer for the latter party tells IDG News. Ma Dongxiao has, however, refused to offer any more details. The Higher Peopleís Court of Guangdong Province is currently deliberating on the case, but earlier this week recommended mediation, in keeping with Chinese law that allows for such talks before a ruling is handed down.
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The Seagate 3TB class-action hard drive lawsuit has been expanded to more devices. The expanded suit, filed today, now includes Seagate's Barracuda 3TB Hard Disk Drive,¬†Desktop HDD 3TB, Backup Plus 3TB External Hard Disk¬†Drive,¬†GoFlex 3TB External Hard Disk Drive, or any other Seagate hard drive with model number ST3000DM001. The law firm, Hagens Berman, is seeking information from consumers such as time in service, purchase price, and the nature of any drive received in return from Seagate as a replacement for a failed unit. http://bit.ly/1Pc34Cq