Major creditor seeks liquidation of Chinese iPad trademark challenger Proview

“A major creditor of Proview Electronics, which is challenging Apple Inc.’s use of the iPad trademark, has moved to have the ailing computer monitor maker liquidated, reports said Monday,” Elaine Kurtenbach reports for The Associated press.

“Taiwan-based Fubon Insurance is seeking $8.68 million in debts and has filed an application to have Proview declared bankrupt, the reports by the Xinhua News Agency and other mainland media said,” Kurtenbach reports. “Proview lawyer Ma Dongxiao said the company believes its financial problems won’t affect the handling of a court case in which Apple is appealing a ruling against its claim to the iPad trademark in China.”

Kurtenbach reports, “Proview’s mainstream computer monitor business fell on hard times in 2008 and the company is liquidating assets as it goes through a restructuring. Its main product line is now LED street lights. It has urged Apple to settle out of court, presumably for far more than the 2009 deal, in exchange for ending the trademark dispute. Apple has evinced no interest in such a settlement, saying it believes it owns the iPad trademark.”

Read more in the full article here.

MacDailyNews Take: Money is not the only thing of which the extortionists are bankrupt.

17 Comments

  1. I can almost see the hand of Apple behind this latest development. A few words to Proview creditors and the promise of some business insurance . . .

    Apple bought the rights and Proview wants more now. I hope Apple doesn’t cave in and settle.

    1. Apple won’t. Apple has time on its hands, because Proview is under huge pressure to get more money fast. All Apple has to do is to drag the case out longer. The more convoluted and difficult the case becomes, the less likely any creditor would want to take the trademark asset out of bankruptcy in an attempt to collect from Apple itself (if it could possibly win). No creditor in bankruptcy wants to throw good money after bad.

  2. What happens to the trade mark if the company goes into liquidation, surely it then becomes void? I had a vindictive boss at one company I worked in the late 90’s, he for applied for the trade marks of a rival company that went bust. When they restarted the business they couldn’t use any off the old stock or circuit boards because they no longer had that trade mark.

    1. No, the trademark is not void. IF (and a big if) it is deemed to be a valid Proview trademark, it would be auctioned off out of bankruptcy and the money raised divided between the creditors entitled to receive it.

  3. Hmmm, Proview sold the trademark…. then sued saying it did not.

    Now it wants money to re-sell the trademark….. trust them, they really mean it this time….

    Apple settles and….. 6 months later….. we did not sell you that trademark, it never happened. we want more money…

    Just a thought,

    1. Another thought: Apple already won the lawsuit against Proview proving their contract to be valid and Proview to be in breach.

      Apple sits back and watches the show… 6 months later… Proview has been bankrupted and liquidated. We all laugh and laugh. 😆

      1. To be fair, Apple (computer) signed a contract with Apple (records) saying it’s computers wouldn’t compete in the sound business. Apple (computer) broke that agreement, and even named its signature start up “bong” sosumi (so sue me). That’s why Apple paid up (at first).

      2. No Apple Records per se, it was all the greed of Loco Oh No, a loser and has-been who would never have even had five minutes of fame if she hadn’t coerced John into getting married. She’s been milking John’s name and fame forever.

  4. Now we see why they filed the trademark case — they desperately needed money and/or thought that creditors would cut them slack if the creditors saw they had a potentially lucrative law suit. There must be inside info that Fubon has access to that tells them the suit is not going to fly.

  5. The Proview extortionists are headed for bankruptcy.

    A name is important – but the definition of that name is also.
    Patenting and describing in terms what an iPad is clearly — then places Apple in rights to name the device whatever they wish based on the patents and definition which shall differentiate it from other names and products.

    The “i” – was was believed to convey “internet” for the iMac – (introduction in 1998) and the iPod (Oct 2001). This could be debated that Apple in some way had rights or an ownership to the convention of branding an “i” + name; long before anyone else. Infogear in 1998 had a Infogear in 1998 had a regular phone and a web terminal device which Cisco purchased calling it the “Linksys iPhone” in (2001 to 2006) – clearly adopting the “cool i-factor naming from Apple). It became fashionable. naming right can be from 3 to 20 or more years.

    iPod and iMac were well established and others merely jumped on the cool “i-factor-ism” going naming anything with “i”… lucky or unlucky some companies have done okay – settling with Apple.

    Nevertheless, in a few cases, naming rights contracts have been terminated prematurely. Such terminations may be the result of contractual options, sponsor bankruptcy, or scandals.

    In this case – seems Proview is on its way out. TC then.

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