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Apple looking to settle with proview in 'ipad' trademark dispute -report by wwy yrj





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Apple looking to settle with proview in 'ipad' trademark dispute -report by
Article Posted: 10/04/2012
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Apple looking to settle with proview in 'ipad' trademark dispute -report


 
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Attorneys for Proview claim that progress is being made in thecompany's ongoing trademark dispute with Apple over the "iPad"name, suggesting that the company now plans to settle out of court. Xie Xianghui, an attorney that represents Proview in the city ofShenzhen, spoke with China's Xinhua this week , and claimed that the two sides have discussed a compensationpackage. Apple is even said to have gone as far as proposing asettlement sum that it believes would be fair, though Proview hasnot agreed to any deals. "We feel the attitude of Apple Inc.



has changed," Xie said."Although they expressed they were willing to negotiate, they havenever taken any actions before, but now they are havingconversations with us, and we have begun to consult ont he case." The attorney said he believes it would be beneficial for both Appleand Proview if a settlement were to be reached "as soon aspossible" between the two parties. Monday's report includedanalysis from a Chinese intellectual property lawyer who said it'slikely Proview would eventually win its lawsuit against Apple, butreceiving compensation could take many years. Xie has been talking up the prospect of a settlement for months , as the attorney said back in February that his company was readyto engage in talks with Apple. Another lawyer representing Proviewsaid in April that it is "likely" that Proview will reach an out-of-courtsettlement with Apple.



Reports even surfaced weeks ago that Apple was already in talks with Proview to settle the ongoing iPad trademark dispute.However, since then there has been no indications of ongoing talksbetween the two companies. Proview Shenzhen has asserted in legal filings, including one U.S. suit , that Apple acted "with oppression, fraud and/or malice," when itused a proxy company, U.K.-based IP Application Development, Ltd.,to buy the rights to the "IPAD" name. Those rights were purchasedfrom a Taiwanese affiliate in 2009 for a reported 35,000 Britishpounds, or $55,000.



Proview has argued that Apple acted fraudulently to acquire the iPad trademark, and that the purchase is voidbecause Proview Shenzhen didn't authorize its affiliate to sell thetrademark. At its peak, Proview was the manufacturer of a stripped-down PC itcalled the Internet Personal Access Device, or iPAD. The companyalso found some success building monitors before the globalfinancial crisis hit and pushed it into bankruptcy. Now, it's a near-dead company with its ownership of the "IPAD" name its only major asset.

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