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Apple Said Proview Deliberately Misled the Court and the Public by Elizabeth Emma





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Apple Said Proview Deliberately Misled the Court and the Public by
Article Posted: 03/15/2012
Article Views: 57
Articles Written: 763
Word Count: 442
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Apple Said Proview Deliberately Misled the Court and the Public


 
Business
As for the dispute case of IPad trademark which is now awaiting the judgment, Apple recently issued a second statement, saying that the Proview has been deliberately misleading the court and the public. When Proview sold iPad trademark in 2009, it did not want to repay the debt. And Shenzhen Proview still have a lot of liabilities now, but it is trying to transfer to obtain extra interests on the trademark that Apple had paid, which is unfair for Apple. The representative lawyer of Shenzhen Proview responded that on the trademark trading, Apple and its IP companies it instigated have committed a manifest mistake. Under the circumstance of iPad trademark still belonging to Proview, Apple forced selling and infringement in large scale.

In the statement, Apple said, in 2009, the fiduciary company of Apple contacted with the Shenzhen Proview, and proposed to buy ten iPad trademarks. After several months of negotiations, the two sides reached an agreement. Apple said that, in fact, Shenzhen Proview’s management knew clearly what they were doing, and Shenzhen Proview insisted that Apple sign with a subsidiary of Proview Taiwan Proview. But at that time, Apple did not understand the arrangement of Shenzhen Proview, who originally wanted to avoid trademark transfer fee being paid to creditors in the mainland of China.

As for Apple’s second statement, yesterday Ciao Caiyuan, the representative lawyer of Shenzhen Proview and senior partner of Guangdong Guanghe law firm, said that since August in 2009, Apple’s lawyers carefully planned and developed a program to acquire 10 iPad trademarks, but the lawyers considered the two iPad trademarks which originally belonged to Shenzhen Proview as trademarks of Taiwan Proview by mistake and traded, and Taiwan Proview also failed to detect. Apple lawyers handedly drafted the trademark transfer agreement and trademark transfer list, listing Proview Company in Taiwan as trademark transfer party.

Shao Caiyuan responded that, although Apple applied for the China Trademark Office to revoke the two iPad trademarks of Shenzhen Proview on February 9, 2010 on the grounds of so-called no using for three years, while proposed the subsequent proceedings in the Shenzhen Intermediate People’s Court, requesting that the two trademarks should be confirmed to Apple. Apple filed the lawsuit, which has objectively denied its own previous saying of “three years no use”.

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Related Articles - Apple, Proview, iPad, trademark, mislead, statement, lawyer, Shenzhen, transfer,

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