Apple is being sued once again by Proview. This time they have filed in California against the technology giant, claiming they believed that were selling the rights of the iPad trademark to an IP developer, not an entity that represents competition in computer hardware sales.
Elliot Papageorgiou, a Shanghai-based partner and executive at law firm Rouse Legal commented on the California-based suit:
"In relation to the U.S., Apple is going to somewhat have a homeground advantage,"
This comes after Proview has already launched suits against Apple in multiple Chinese Jurisdictions in an effort to stop any exports of iPad from the country. Oddly enough, the chinese-based technology firm has solid footing with legislation designed to fight manufacturers wishing to copy chinese products and export them from the country.
Apple recently won a case against proview in Hong Kong claiming that they indeed had the rights to the trademark and it is Proview who is failing to honor their end of the contract. Apple and Proview still have cases pending in China.
David Chen, senior partner at Allbright Law Offices in Shanghai comments on the suits in China:
"It is more appropriate for both parties to mediate. I think that is the best outcome,"
Meanwhile in Beijing, authorities continue to confiscate iPads at retail establishments. Proview plead with customs officials to cease import and export activity on the product, reasserting that they won the rights to the trademark in a China-based court case last year. Seizures have since been reported in a growing number of cities including Zhengzhou, Qingdao, Shijiazhuang and Xuzhou.
Several of Proview's employees have commented on the seizures in China:
“One of our local offices seized iPads from a shop and sealed them off based on the Chinese Trademark Law, although we did not carry out a city-wide seizure,”
“We’re investigating iPad sales in the city and will move quickly once there is a final legal judgment,”
Here is a look at the original trademark documentation from Proview: