Apple not allowed to call an iPad an iPad in China, court rules

“Apple Inc. has lost a trademark dispute in China, where it had accused Proview Technology (Shenzhen) of infringing on its iPad trademark,” NewsCore reports.

“Proview’s Taiwan based unit had sold the ‘global trademark’ to a U.K.-based company called IP Application Development for £35,000 ($55,104) in 2006… That company then transferred the trademark to Apple,” NewsCore reports. “But Proview Technology (Shenzhen) says the trademark for China’s mainland market was not included in that agreement because the company’s Taiwan unit did not own it at the time.”

NewsCore reports, “The court agreed, ruling that the Shenzhen-based company holds the rights to the iPad trademark in the Chinese market, the Daily reported.”

Full article here.

39 Comments

  1. Never trust those Asian companies. The only ones that trust them are the US Judges that favor Asian companies who’s mantra is to “copy” and undercut competitors with their cheaper labor and sub par materials.

  2. Well, it is time to call it iPADD based on the Star Trek PADD that first used it in the Next Generation series. Pay an American a royalty first.

    Or just call it what it really is in China. The ANDROID TABLET KILLER. It has a nice ring to it in English. No idea what it sounds like in Mandarin.

  3. Were I Apple, I’d gladly spend the 1.1B with my manufacturing & design partners to rebrand the Chinese version, rather than hand it over to the IP squatters. Would also have value as a future deterrence.

  4. There is a saying…”They just got Shanghaied.”

    Then don’t make them in China and don’t sell them in China. But, I am sure they will recover the 1.5 billion if the Chinese market so…loves Apple products.

    1. Absolutely the way to go. Just don’t label it anything, but leave that big Apple logo right there on the back. If anything for the Chinese market, come up with an iPad graphic logo image of the device to use in the iTunes App store for iPad apps, instead of the word iPad – only for the Chinese market. It’s all about form factor anyway, and iPad is what everyone will actually still call it. Never pay extortion for the right to do business in China.

    2. And let’s be honest…where does “iPad” even appear on the product?? Oh, that’s right…in little tiny print on the bottom of the back of it.

      Call it “ApplePad” or whatever in the marketing and engrave a different name on the back of it.

      Or counter-sue them to oblivion.

    3. Similar to the Dodge SRT-10 “Viper” situation in England.

      A Brit company owns that car name and had for years. Chrysler lost the lawsuit so officially the car is called the SRT-10 in England but still known as the Viper.

      I think Apple would be fine deleting the name off the iPad in China.

  5. In countries that derive the laws from the English common law system, trade mark rights are based on filing for a trade mark, but also include rights based on having used the mark.

    Whereas China’s trademark system is based on first to file owns it.

    Having said that, most countries, including China, have an honest concurrent use system – so I wonder if Apple can apply to obtain a parallel registation, although that would mean the other side could sell products legitimately with the iPad name.

    http://tinyurl.com/c7bdmd2

    http://tinyurl.com/c7bdmd2

  6. Foxxcon will do something about it. Terry Guo got connection in China and he also plan to sell Apple products in his own stores. He is not going to let something this stupid to happen, watch Proview get incinerated pretty soon… Chinese style.

  7. Won’t make much difference. They’ll still not be able to display the Apple logo, and I think the majority of buyers are too smart to not know whether they’re buying the REAL “iPad” or the product with the correct name. If I were Apple, I’d let them keep the name, as long as it remains in China. They won’t be able to make $1.5 million, let alone $1.5 billion.

    Besides, they’re not getting access to iTunes or the App Store, two core strengths of the Apple ecosystem.

  8. No matter what they call it, the people in China will call an iPad, an iPad, as they already know just as much about it as you or I.

    Personally I’d call it an iPod Tablet, and leave it at that, don’t pay the extortionists.

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