Court rejects call to ban sale of iPads in Shanghai
Apple can continue to sell its iPads in Shanghai after a city court rejected a Chinese company's request for a ban on sales.
The Pudong New Area People's Court ruled in Apple's favor after a hearing on Wednesday, it was confirmed yesterday.
The court also suspended the lawsuit brought by Proview Technology (Shenzhen) over the use of the iPad trademark on the Chinese mainland pending a hearing in another court.
Guangdong Higher People's Court, in southern China's Guangdong Province, is due to hear an appeal by Apple next Wednesday against a lower court's decision that favored Proview in the trademark dispute.
Until that decision, the Shanghai court said, there was a lack of evidence over whether Apple had infringed the iPad trademark by selling its tablet computers on the mainland.
The case in Shanghai may be reopened once the Guangdong verdict is announced, it said.
At the Shanghai hearing on Wednesday, Proview produced a thin, flat computer about the size of the front of a microwave oven, packed in a cardboard box, and said it was its IPAD, or Internet Personal Access Device.
Apple's lawyer said Proview's IPAD had never been marketed and claimed it was "fake evidence." Proview claims the US high-tech giant is infringing on a trademark it owns on Chinese mainland and had been asking the court for an injunction to stop Apple selling iPads in the city.
Ma Dongxiao, a lawyer for Proview, revealed the Shanghai court's decisions yesterday. A lawyer for Apple confirmed the decision to halt the lawsuit.
The companies are feuding over whether Proview sold the rights to the iPad trademark for the Chinese mainland to Apple in a deal in 2009.
China is important to Apple not only as a consumer market, but also because the country is a major production base for the iPad and other Apple products.
The dispute, which dates back to a disagreement over what was covered in the deal, has seen iPads seized by authorities in some Chinese cities, and some retailers removing them from sale.
Apple disputes Proview's ownership of the trademark, saying that it bought the global rights to the name from Proview in 2009.
The Pudong New Area People's Court ruled in Apple's favor after a hearing on Wednesday, it was confirmed yesterday.
The court also suspended the lawsuit brought by Proview Technology (Shenzhen) over the use of the iPad trademark on the Chinese mainland pending a hearing in another court.
Guangdong Higher People's Court, in southern China's Guangdong Province, is due to hear an appeal by Apple next Wednesday against a lower court's decision that favored Proview in the trademark dispute.
Until that decision, the Shanghai court said, there was a lack of evidence over whether Apple had infringed the iPad trademark by selling its tablet computers on the mainland.
The case in Shanghai may be reopened once the Guangdong verdict is announced, it said.
At the Shanghai hearing on Wednesday, Proview produced a thin, flat computer about the size of the front of a microwave oven, packed in a cardboard box, and said it was its IPAD, or Internet Personal Access Device.
Apple's lawyer said Proview's IPAD had never been marketed and claimed it was "fake evidence." Proview claims the US high-tech giant is infringing on a trademark it owns on Chinese mainland and had been asking the court for an injunction to stop Apple selling iPads in the city.
Ma Dongxiao, a lawyer for Proview, revealed the Shanghai court's decisions yesterday. A lawyer for Apple confirmed the decision to halt the lawsuit.
The companies are feuding over whether Proview sold the rights to the iPad trademark for the Chinese mainland to Apple in a deal in 2009.
China is important to Apple not only as a consumer market, but also because the country is a major production base for the iPad and other Apple products.
The dispute, which dates back to a disagreement over what was covered in the deal, has seen iPads seized by authorities in some Chinese cities, and some retailers removing them from sale.
Apple disputes Proview's ownership of the trademark, saying that it bought the global rights to the name from Proview in 2009.
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