Apple's iPad, which has just entered the mainland market, will be in trouble.
Yesterday (October 26th), Hejun Venture Company released an open letter to Apple in the United States, accusing Apple of flagrantly infringing trademark rights of iPad Computer registered by Proview Technology (Shenzhen) Company in 2001 and demanding that Apple immediately stop Infringement, otherwise, will promote the eight creditor banks, including Bank of China, Minsheng Bank, and Proview, to join forces with Proview, jointly request the State Administration for Industry and Commerce to shut down Apple’s infringing products.
"Thursday and Friday, these banks will hold a joint meeting to discuss issues related to the resolution of Apple disputes." Li Jun, president of Hejun Ventures, told the "Daily Economic News" that he was forcing Apple to scramble and sell in the mainland. The infringement of the iPad computer with trademark infringement should pay RMB 10 billion yuan in compensation to Proview.
In this regard, "Daily Economic News" repeatedly called Apple's public relations personnel, until the reporter's draft, the person's phone has been shut down.
The origin of the dispute over trademark rights in the "Daily Economic News" in the interview learned that Apple and Proview International's dispute over this trademark right has a long history.
In 2000, Proview Taipei, which was actually controlled by Proview International, registered trademarks for European and Other electronic products such as iPad computers. In June and December 2001, Proview International (Shenzhen), a wholly-owned subsidiary of Proview International, was registered. The company has also applied for registration of two iPad trademarks in mainland China. As a flat panel display manufacturer, Proview Technology will soon bring its iPad computer to market.
"At that time, the market environment was not mature, so iPad sales were not very good. As of today, Proview's warehouse is still under pressure from many stocks of the year." Li Su said.
In 2006, Apple’s iPhone was introduced to the market and began planning the launch of an iPad tablet. At the time of entering the European market, Apple knew that the iPad trademark had been registered by Proview. This opened the battle for trademark rights between Apple and Proview.
Subsequently, Apple in the United Kingdom to withdraw its use of trademarks without reasons, such as the use of the crown will be filed in court, this lawsuit eventually won the prosecution of Proview paragraph.
In December 2009, Apple turned to Proview Taipei and used 35,000 pounds to obtain iPad's overseas trademark rights. However, since the iPad's trademark rights in mainland China belong to its Shenzhen company, Proview Technology, Apple’s previously acquired iPad trademark rights do not apply to mainland China. Therefore, Apple can only renegotiate trademark rights with Proview Technology. Matters.
On May 24, 2010, Apple sued Proview Technology in court and Apple stated in the lawsuit that on December 23, 2009, Proview International CEO and Chairman Yang Rongshan authorized Mai Shihong to sign relevant agreements. Including the Continental Region's trademark transfer agreement. After the agreement was signed, Apple's Agent IP Application Development Co., Ltd. paid £35,000 to Proview Taipei to purchase all the iPad trademarks.
In an interview with the “Daily Economic Newsâ€, Yang Rongshan stated that at the time Apple had alleged improper fraudulent means to use Proview’s iPad trademark, and the lawsuit against the transaction was still pending in Hong Kong and did not end. As the parties concerned hold their own words, Apple has applied to the Shenzhen Intermediate People's Court for an indefinite extension of the trial. However, in the case of unsuccessful lawsuits, Apple also launched iPad computers in the mainland.
Apple or face eight bank lawsuits "Apple's behavior is to ignore our country's legal constraints, we require Apple to compensate 10 billion yuan for this behavior." Li Su told the "Daily Economic News" said.
According to a previous Proview International announcement, Proview’s net current liabilities amounted to RMB 2.87 billion, and the RMB 3.8 billion loan was overdue, while the liabilities to the eight largest banks were approximately USD 180 million.
As the Crowne Assets have been seized by banks, the eight largest banks have also become the actual beneficiaries of the iPad trademark rights. The eight banks are: Bank of China, Minsheng Bank, China Development Bank, Guangdong Development Bank, Bank of Communications, Pudong Development Bank, Huaxia Bank and Shenzhen Ping An Bank.
According to Li Su, the current iPad trademark rights owned by Proview Technology is the group’s most valuable asset. At present, the eight largest banks have formed a team of lawyers. On Thursdays and Sundays, they will also start contact meetings to discuss solutions for iPad trademarks. In addition, for the May Apple Appeal Proview Technology Infringement, the Big Eight banks may also counterattack against Apple and file a counterclaim.
However, it is difficult to realize the 10 billion yuan of compensation that Hejun entrepreneurs ask for from Apple. In an interview with the “Daily Economic Newsâ€, Liu Ming, a lawyer of Beijing Hechuan Law Firm, said that due to the compensation of the trademark right there are two main reasons, first, the actual loss of the claimant; second, the infringer’s actual infringement. Income.
"Whoever advocates civil disputes for proof, therefore, Proview has to prove that Apple's proceeds from infringement are technically difficult." Liu Ming stated that according to China's relevant laws and regulations, the maximum amount of compensation for trademark right infringement is only 500,000 yuan.
Li Su pointed out that the so-called 10 billion yuan is only a legal argument. If Apple acknowledges the infringement and agrees to negotiate on the transfer of trademark rights, everything can be found in the negotiations. If Apple abandons the purchase of iPad trademark rights, then it should pay compensation for infringement and stop the infringement.
According to the “Daily Economic Newsâ€, before the bank seized the assets of Proview, Apple once negotiated with Proview on the transfer of trademark rights, and the transfer price was as high as 40 million US dollars.
Related links Apple iPad's trademark problems Although the Apple iPad is hot in the world, but Apple does not have the iPad trademark rights, which is a headache for Apple's quite a headache. Previously, Apple and Fujitsu had also disputed the trademark rights of the iPad because Fujitsu had mastered the iPad's trademark rights in the United States. The dispute with Proview may hinder the process of Apple iPad further entering the mainland market.
Recently, a small company named MirrorWorlds LLC in the United States sued Apple Inc. for infringement of the company’s patent rights and was awarded US$622.5 million in compensation in a US court.
Yang Rongshan said in an interview with the "Daily Economic News" that he hopes to find a solution acceptable to all parties.
Beijing Bojingyi Law Firm Liu Xiwang previously wrote that the Proview's operating performance in the past two years is not good, its iPad trademark has also been mortgaged to the bank, so Proview Shenzhen certainly hopes that the iPad trademark has a higher market value to obtain more Many companies operating financial support. "Apple is facing a huge consumer base in the mainland. If it can't solve the intellectual property issues faced by its iPad, it will greatly reduce its business opportunities in the mainland and even affect its global business strategy," said Liu Xiwang.
Yesterday (October 26th), Hejun Venture Company released an open letter to Apple in the United States, accusing Apple of flagrantly infringing trademark rights of iPad Computer registered by Proview Technology (Shenzhen) Company in 2001 and demanding that Apple immediately stop Infringement, otherwise, will promote the eight creditor banks, including Bank of China, Minsheng Bank, and Proview, to join forces with Proview, jointly request the State Administration for Industry and Commerce to shut down Apple’s infringing products.
"Thursday and Friday, these banks will hold a joint meeting to discuss issues related to the resolution of Apple disputes." Li Jun, president of Hejun Ventures, told the "Daily Economic News" that he was forcing Apple to scramble and sell in the mainland. The infringement of the iPad computer with trademark infringement should pay RMB 10 billion yuan in compensation to Proview.
In this regard, "Daily Economic News" repeatedly called Apple's public relations personnel, until the reporter's draft, the person's phone has been shut down.
The origin of the dispute over trademark rights in the "Daily Economic News" in the interview learned that Apple and Proview International's dispute over this trademark right has a long history.
In 2000, Proview Taipei, which was actually controlled by Proview International, registered trademarks for European and Other electronic products such as iPad computers. In June and December 2001, Proview International (Shenzhen), a wholly-owned subsidiary of Proview International, was registered. The company has also applied for registration of two iPad trademarks in mainland China. As a flat panel display manufacturer, Proview Technology will soon bring its iPad computer to market.
"At that time, the market environment was not mature, so iPad sales were not very good. As of today, Proview's warehouse is still under pressure from many stocks of the year." Li Su said.
In 2006, Apple’s iPhone was introduced to the market and began planning the launch of an iPad tablet. At the time of entering the European market, Apple knew that the iPad trademark had been registered by Proview. This opened the battle for trademark rights between Apple and Proview.
Subsequently, Apple in the United Kingdom to withdraw its use of trademarks without reasons, such as the use of the crown will be filed in court, this lawsuit eventually won the prosecution of Proview paragraph.
In December 2009, Apple turned to Proview Taipei and used 35,000 pounds to obtain iPad's overseas trademark rights. However, since the iPad's trademark rights in mainland China belong to its Shenzhen company, Proview Technology, Apple’s previously acquired iPad trademark rights do not apply to mainland China. Therefore, Apple can only renegotiate trademark rights with Proview Technology. Matters.
On May 24, 2010, Apple sued Proview Technology in court and Apple stated in the lawsuit that on December 23, 2009, Proview International CEO and Chairman Yang Rongshan authorized Mai Shihong to sign relevant agreements. Including the Continental Region's trademark transfer agreement. After the agreement was signed, Apple's Agent IP Application Development Co., Ltd. paid £35,000 to Proview Taipei to purchase all the iPad trademarks.
In an interview with the “Daily Economic Newsâ€, Yang Rongshan stated that at the time Apple had alleged improper fraudulent means to use Proview’s iPad trademark, and the lawsuit against the transaction was still pending in Hong Kong and did not end. As the parties concerned hold their own words, Apple has applied to the Shenzhen Intermediate People's Court for an indefinite extension of the trial. However, in the case of unsuccessful lawsuits, Apple also launched iPad computers in the mainland.
Apple or face eight bank lawsuits "Apple's behavior is to ignore our country's legal constraints, we require Apple to compensate 10 billion yuan for this behavior." Li Su told the "Daily Economic News" said.
According to a previous Proview International announcement, Proview’s net current liabilities amounted to RMB 2.87 billion, and the RMB 3.8 billion loan was overdue, while the liabilities to the eight largest banks were approximately USD 180 million.
As the Crowne Assets have been seized by banks, the eight largest banks have also become the actual beneficiaries of the iPad trademark rights. The eight banks are: Bank of China, Minsheng Bank, China Development Bank, Guangdong Development Bank, Bank of Communications, Pudong Development Bank, Huaxia Bank and Shenzhen Ping An Bank.
According to Li Su, the current iPad trademark rights owned by Proview Technology is the group’s most valuable asset. At present, the eight largest banks have formed a team of lawyers. On Thursdays and Sundays, they will also start contact meetings to discuss solutions for iPad trademarks. In addition, for the May Apple Appeal Proview Technology Infringement, the Big Eight banks may also counterattack against Apple and file a counterclaim.
However, it is difficult to realize the 10 billion yuan of compensation that Hejun entrepreneurs ask for from Apple. In an interview with the “Daily Economic Newsâ€, Liu Ming, a lawyer of Beijing Hechuan Law Firm, said that due to the compensation of the trademark right there are two main reasons, first, the actual loss of the claimant; second, the infringer’s actual infringement. Income.
"Whoever advocates civil disputes for proof, therefore, Proview has to prove that Apple's proceeds from infringement are technically difficult." Liu Ming stated that according to China's relevant laws and regulations, the maximum amount of compensation for trademark right infringement is only 500,000 yuan.
Li Su pointed out that the so-called 10 billion yuan is only a legal argument. If Apple acknowledges the infringement and agrees to negotiate on the transfer of trademark rights, everything can be found in the negotiations. If Apple abandons the purchase of iPad trademark rights, then it should pay compensation for infringement and stop the infringement.
According to the “Daily Economic Newsâ€, before the bank seized the assets of Proview, Apple once negotiated with Proview on the transfer of trademark rights, and the transfer price was as high as 40 million US dollars.
Related links Apple iPad's trademark problems Although the Apple iPad is hot in the world, but Apple does not have the iPad trademark rights, which is a headache for Apple's quite a headache. Previously, Apple and Fujitsu had also disputed the trademark rights of the iPad because Fujitsu had mastered the iPad's trademark rights in the United States. The dispute with Proview may hinder the process of Apple iPad further entering the mainland market.
Recently, a small company named MirrorWorlds LLC in the United States sued Apple Inc. for infringement of the company’s patent rights and was awarded US$622.5 million in compensation in a US court.
Yang Rongshan said in an interview with the "Daily Economic News" that he hopes to find a solution acceptable to all parties.
Beijing Bojingyi Law Firm Liu Xiwang previously wrote that the Proview's operating performance in the past two years is not good, its iPad trademark has also been mortgaged to the bank, so Proview Shenzhen certainly hopes that the iPad trademark has a higher market value to obtain more Many companies operating financial support. "Apple is facing a huge consumer base in the mainland. If it can't solve the intellectual property issues faced by its iPad, it will greatly reduce its business opportunities in the mainland and even affect its global business strategy," said Liu Xiwang.
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