Lower Chinese court rules shops should pull iPads over trademark dispute

“Apple’s dispute over the iPad trademark deepened Monday after the Chinese company that claims ownership of the name said it won a court ruling against sales of the popular tablet computer in China,” Elaine Kurtenbach reports for The Associated Press.

“Xie Xianghui, a lawyer for Shenzhen Proview Technology, said the Intermediate People’s Court in Huizhou, a city in southern China’s Guangdong province, had ruled on Friday that distributors should stop selling iPads in China,” Kurtenbach reports. “The ruling, which was also reported widely in China’s state media, may not have a far-reaching effect. In its battle with Apple, Proview is utilizing lawsuits in several places and also requesting commercial authorities in 40 cities to block iPad sales.”

“Apple Inc. said in a statement Monday that its case is still pending in mainland China. The company has appealed to Guangdong’s High Court against an earlier ruling in Proview’s favor,” Kurtenbach reports. “Apple insists it holds the trademark rights to the iPad in China.”

Kurtenbach reports, “So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level.

Read more in the full article here.

MacDailyNews Take: Tempest in a teapot.

MacDailyNews Note: Today is Washington’s Birthday in the U.S.A., a federal holiday and, as such, the U.S. markets are closed for the day. We will resume our normal posting schedule tomorrow.

Washington’s Farewell Address, September 19, 1796

Related articles:
China may intervene in iPad trademark dispute – February 18, 2012
Hong Kong Judge sides with Apple over Proview – February 17, 2012
Take a look at some of Apple’s evidence in Proview iPad trademark dispute – February 16, 2012

51 Comments

    1. They are trying to stop the use of ‘iPad’ anywhere in the world. China is a huge market to just bypass.

      By the way, the only reason anyone buys an iPad is because its named ‘iPad’ and that must be worth $50 to $100 per unit right there . . . really? A better name would be iP( )d where the ( ) would be replaced with the Apple logo.

  1. I could see Apple building factories in several other countries and using that as a stick to motivate China to see the value in the hundreds of thousands of jobs that Apple gives to China.

  2. What a joke. I just came from China, after living there for 4 years. I couldn’t believe the thousands of fake iPhones I saw. They even advertised them on TV. Our government needs to crack down on the Chinese double standard.

    1. Our government only needs to do one very simple thing:
      Revoke ‘Most Favored Nation’ Status From China

      It is incomprehensible that MFN status wasn’t pulled ten years ago, except for the fact that The Corporate Oligarchy wants it this way. They like the Slave Wage Labor Movement. Unfortunately, when you’re dealing with criminals, even if you yourself are criminals, there are grave repercussions. Have fun with that.

      1. If only life were that simple. If the west wants to make inroads to China and help bring about democracy, I think we will have to keep close contact and allow for the Chinese to learn at their own pace.

        If you want to point the finger at lawlessness, just think back almost 100 years ago in the US and see where law and order stood. The world is marching forward towards a global democratic system of laws and governance. We have to be patient while we all learn about it.

        1. I agree. We also are very snobby about our progress and think the rest of the world is backwards when they are at different levels of development. We forget the growing pains we went through to get where we are now.

          China is just about the oldest civilization on the planet. They have never used their power and wealth to drive a massive expansionist global colonial campaign or enslaved whole continents. China is not perfect, but they deserve a lot more credit and respect than they get.

    2. Well, China has always had that reputation for making and marketing pirated products. Whatever the “hot” thing is elsewhere, you could find a cheap, but sometimes legit, counterfeit of it in china.

      I remember when I went to china, like in 2002. Back then when gameboys were the big thing, you can’t imagin how many fake games I found. Some of them were even the wrong title. I get my nephew a Pokemon game, inside I found a super Mario cartrage.

      Other things you can find are counterfeit versions of some expensive watches, but they are legit and you can’t tell it’s a fake unless you look closely, expensive pens, etc.

      Personally, I think the Chinese government officials need to be replaced with ones who have a sense for what’s right or wrong. Other governments can only try to convince them. They, themselves need to change.

      1. @Rorschach
        What Hank is referring to is that President’s day is NOT, nor was it EVER, meant to celebrate “Presidents” in general. We used to have two official holidays in Feb: Washington’s and Lincoln’s birthdays. Two very special Presidents, each honored with a official holiday. Then legislators decided it would be more convenient to have the holidays always fall on a Monday, regardless of the actual birth date of the Prez in question; this was for the nice 3-day weekend, but the holidays were still called Washington’s Birthday, and Lincoln’s Birthday. More recently, for budgetary reasons, Congress decided that only one holiday was affordable in Feb, so the bundled the two b-days together into one holiday called “President’s Day”. So , in one fell swoop, Congress obliterated the honor due to these two very special Presidents, and confused millions into misunderstanding that this holiday is meant to honor ALL presidents. IT IS NOT AND DOES NOT. Today is for George Washington and Abraham Lincoln.

        1. Interesting how you perceive a great man who helped the US start to come to grips with the fact that we are all people who deserve to be treated with respect and dignity. The amount of pigment in someone’s skin is not a reason to treat them badly.

          Bigotry has no place in this world.

        2. Putting Rev Dr. Martin Luther King above 2 of our best presidents and above all other civil rights leaders and every other great man and woman to come from America is wrong. Making this about race is pure vile racism itself.

          King was a great man and deserves respect and admiration. But not. Holiday.

          Blow your racism witch hunt out your ass.

      2. Actually the USA is not a democracy, it’s a republic. The president is never voted for democratically. He is elected by an electoral college. That is a group of people who represent the people and who vote for the president on their behalf.

        In a republic, you are represented by politicians who usually look at what the people are asking for and make decisions for those people based on what they think the people want. At least that is how it is intended to work.

    1. The usurper occupying the White House is not a legal President. Voted in by guilt-ridden liberals and dead people.

      Birth certificate a bad forgery.

      Not a Natural Born Citizen.

      Multiple Social Security numbers.

      Muslim at heart, lying to “Infidels” is Allah’s work.

      1. -The usurper occupying the White House is not a legal President.
        Voted in by guilt-ridden liberals
        Being voted for by liberals does not make you an illegitimate president.

        -and dead people.
        Proof?

        -Birth certificate a bad forgery.
        What proof do you have that it is a forgery, let alone a bad one?

        -Not a Natural Born Citizen.
        Being born to a US citizen (which he was) is all our country requires to be considered naturally born, regardless of the location of birth.

        -Multiple Social Security numbers.
        Again, I would ask if you have proof but having multiple social security numbers is not a crime. Many citizens are issued a replacement number for various reasons.

        -Muslim at heart, lying to “Infidels” is Allah’s work.
        You can not in a thousand years know a man’s heart, no matter how hard you try.

        Just because you can imagine a thing does not make it true, that’s a logical fallacy. I personally, have a very good imagination and there are a great many things I could imagine, many might even seem plausible. That does not however make them true.

    1. I think he’s a fuckwit. He clearly ignored the earlier post on here that clearly showed documents handing over rights to the name in mainland China, as well as many other countries.

      1. As usual, we can count on Rorschach to make the world a better place by using foul language in front of thousands. Your second statement would stand on its own and doesn’t need to be diminished by a derogatory statement.

  3. It’s a shame that it is Foxconn making the investment in robotic assembly rather than Apple. If Apple were to do that, then there would be less need to rely on manufacturing in countries that can offer a workforce that will work for low wages.

    By having multiple manufacturing plants around the globe, no individual country could hold Apple to ransom. It would also mean that continuity of supply can be better maintained when unexpected events happen in a specific area.

    Foxconn plans to be operating a million robots within three years. Apple should be doing that themselves.

      1. … and why are the parts made in China ? Availability of cheap workers.

        Robotic assembly applies equally to the manufacture of parts as it does to final assembly.

        Continuity of production is a very important issue too. Short supply chains are of little value during an earthquake or flood.

  4. Proview doesn’t have much to lose. They are going bankrupt, anyway. Why not take a gamble on forcing a substantial settlement from Apple. If Proview loses, Apple has no chance of obtaining any compensation for the economic damages.

    If the Chinese upper court allows Proview’s vigilante tactics to continue based on a lower court ruling, then it should be held liable, as well.

    1. Those with the greatest interest in seeing Proview prevail in this are those to whom Proview owes the big bucks. How many people making the calls on this matter have vested interest in seeing these debts paid. Yeah, I’m just cynical enough….

    2. If Apple gets held up successfully by this shyster’s tactics, backed up by the Chinese court system, then it will be a lesson to all. The Chinese will understand that it’s open season on foreign companies manufacturing goods in China, and American businesses would be wise to reconsider where they take their manufacturing business. It could be the beginning of the end for China’s economic boom.

  5. I did say the HK court’s opinion would have little bearing on the Chinese mainland.

    Then I got silly replies saying the contract clearly said it covered China, totally ignorant of the fact Hong Kong, though part of China, are distinct jurisdictions.

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