Authorities seize iPads in dispute over name
By Lu Feiran |
February 14, 2012, Tuesday
|
Print Edition
Print Edition
Apple iPads have been seized from retailers by authorities in a north China city over a dispute involving the iPad name, an official said yesterday.
Proview Technology (Shenzhen) is seeking similar action in more than 20 other cities.
Industrial and commercial authorities began seizing Apple iPads in Shijiazhuang, capital of Hebei Province, last Thursday.
Some retailers in the city have removed iPads from their shelves and were drawing products directly from warehouses for customers to avoid having their stock confiscated.
Officials with the Shijiazhuang Industrial and Commercial Administrative Bureau said they had received a lawyer's letter from Proview, saying Apple's use of the iPad name violated its rights.
After double checking the information, officials said they decided to take action.
Under Chinese law, products involved in trademark violation cases are confiscated, with the company in breach of the law facing fines of up to five times the profit it makes from sales of the questioned products.
Meanwhile, iPads were still on sale in Shanghai yesterday.
The Shanghai Industrial and Commercial Administrative Bureau said there has been no order to remove the products.
Employees at the city's Apple stores said they believed the two companies would accept court mediation and were confident that iPads would not disappear from the Chinese market.
Apple officials said yesterday that they couldn't comment on an ongoing lawsuit.
Next week, the Pudong New Area People's Court in Shanghai will hear a suit filed by Proview Technology (Shenzhen).
Apple acquired what it thought were the global rights to the iPad name after Proview Electronics (Taiwan) sold them to UK company IPAD for 35,000 pounds (US$55,104), which then passed the rights to Apple.
The "global iPad trademark" included trademarks Proview Electronics (Taiwan) registered in a number of countries and regions between 2000 and 2004.
However, the Shenzhen company says it still owns the right to use the name on the Chinese mainland.
It said it registered the trademark in 2001 and had held it ever since.
In December, a Shenzhen court rejected Apple's complaint that the Shenzhen Proview was violating its rights to the iPad name.
The court ruled that it was not bound by the agreement under which the Taiwan Proview rights were transferred to Apple.
Proview Technology (Shenzhen) is seeking similar action in more than 20 other cities.
Industrial and commercial authorities began seizing Apple iPads in Shijiazhuang, capital of Hebei Province, last Thursday.
Some retailers in the city have removed iPads from their shelves and were drawing products directly from warehouses for customers to avoid having their stock confiscated.
Officials with the Shijiazhuang Industrial and Commercial Administrative Bureau said they had received a lawyer's letter from Proview, saying Apple's use of the iPad name violated its rights.
After double checking the information, officials said they decided to take action.
Under Chinese law, products involved in trademark violation cases are confiscated, with the company in breach of the law facing fines of up to five times the profit it makes from sales of the questioned products.
Meanwhile, iPads were still on sale in Shanghai yesterday.
The Shanghai Industrial and Commercial Administrative Bureau said there has been no order to remove the products.
Employees at the city's Apple stores said they believed the two companies would accept court mediation and were confident that iPads would not disappear from the Chinese market.
Apple officials said yesterday that they couldn't comment on an ongoing lawsuit.
Next week, the Pudong New Area People's Court in Shanghai will hear a suit filed by Proview Technology (Shenzhen).
Apple acquired what it thought were the global rights to the iPad name after Proview Electronics (Taiwan) sold them to UK company IPAD for 35,000 pounds (US$55,104), which then passed the rights to Apple.
The "global iPad trademark" included trademarks Proview Electronics (Taiwan) registered in a number of countries and regions between 2000 and 2004.
However, the Shenzhen company says it still owns the right to use the name on the Chinese mainland.
It said it registered the trademark in 2001 and had held it ever since.
In December, a Shenzhen court rejected Apple's complaint that the Shenzhen Proview was violating its rights to the iPad name.
The court ruled that it was not bound by the agreement under which the Taiwan Proview rights were transferred to Apple.
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