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Apple Inc and Proview Technology (Shenzhen) Co have started seekingan out-of-court settlement over the ownership of the iPadtrademark, a lawyer representing Proview told the Global Timesyesterday. The Higher People's Court of Guangdong Province is facilitating thenegotiation. "The amount of the claim is a key problem, and because of thedifference in the amount claimed and offered, the mediation processhas been slow," Xie Xianghui, a lawyer from Grandall Law Firmwho is representing Proview, told the Global Times. Xie refused to disclose the specific amount of Proview's claim, butsaid that it is based on a reasonable calculation taking intoaccount many factors such as the administrative penalties Apple mayface, the cost it will incur to change a trademark and the lossesit may suffer when giving up the usage of iPad trademark. Besides the lawsuit, Proview was using other means to put pressureon Apple. In March, Proview issued an open letter demanding vendorsand dealers in the Chinese mainland to stop selling iPad products.The company had also requested Chinese customs offices to halt theimports and exports of iPad products. In addition, a senior government official was viewed as backingProview in public remarks made in April, Xie mentioned yesterday. Fu Shuangjian, deputy director of the State Administration ForIndustry and Commerce, said last month that Shenzhen Proviewcurrently is the legitimate registered owner of the iPad trademark,and the transfer must be approved by the administration's trademarkoffice. Apple could not be reached for comment yesterday. In a statementreleased in March, it said that Proview has been misleading Chinesecourts in a bid to get more money from Apple because the companyowes a lot of money. Xie confirmed that Proview does owe eight local banks some $400million. "We wish to reach an agreement with Apple as soon aspossible, and so does Apple, we believe," he said. "Usually, a court decision shall be made if the two partiesfail to reach a settlement out of court within two to four weeks,but as this case involves a foreign party, the civil arbitrationprocess could take several months," You Yunting, a partner atShanghai-based DeBund Law Office, told the Global Times yesterday. "Trademark infringement compensation is calculated based onthe owner's loss and infringer's gain from the trademark, and theactual value of the iPad product lies in its technology rather thanits name, so the infringement compensation for the trademark shouldnot be high," You said. "What the two parties arediscussing is actually the transfer price of the trademark.". We are high quality suppliers, our products such as Colour Changing Led Lights Manufacturer , SMD Led Light Bulb for oversee buyer. To know more, please visits Flexible Led Ribbon Light.
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