Proview Technology (Shenzhen) Co., Ltd. is the first Taiwan-funded enterprise to invest in Chinese mainland. According to MIC statistics, in 2002, Proview Group's display sales ranked fifth in the world. In 2000, Proview Taipei Company, a subsidiary of Proview, registered the trademark of iPad in many countries and regions. 200 1, Proview Technology (Shenzhen) Co., Ltd., a subsidiary of Proview International, registered two kinds of iPad trademarks in Chinese mainland.
In 2006, when Apple began to plan to launch the iPad, it was found that the trademark right of the iPad belonged to Proview. In 2009, Apple reached an agreement with Proview, and Proview Taipei Company transferred the global trademark of iPad to Apple for 35,000 pounds.
However, Proview Shenzhen said that the transfer agreement of 35,000 pounds did not include the trademark right of iPad in Chinese mainland. Proview Shenzhen is the owner of the trademark right of iPad in Chinese mainland, and Proview Taipei Company has no right to sell it, so the trademark right of iPad in Chinese mainland does not belong to Apple.
To this end, Apple and British IP Application Development Co., Ltd. (hereinafter referred to as IP Company) took "Shenzhen Proview" to court. Apple claims that on February 23rd, 2009, 65438+2009, Yang Rongshan, CEO and Chairman of Proview International, authorized Mai to sign relevant agreements to transfer all the rights and interests of the 10 trademark to British IP companies, including the trademark transfer agreement in China. After the signing of the agreement, British IP Company paid Proview Taipei Company 35,000 pounds to buy all the rights and interests of the iPad trademark, and then British IP Company transferred all the rights and interests of the iPad trademark to Apple Company at a price of 65,438 pounds.
The two plaintiffs requested the court to order that the exclusive right to use the registered trademarksNo. 1530557 "iPad" andNo. 16823 10 "iPad" belonged to the plaintiffs, and ordered the defendant to compensate the plaintiffs for the loss of RMB 4 million due to the trademark ownership. Shenzhen Intermediate People's Court accepted the case on April 9, 20 10, and held three sessions on February 23, August 2 1 day and June 18. 20111February, Shenzhen Intermediate People's Court made a first-instance judgment: rejecting the claims of Apple and IP companies. The acceptance fee of this case is RMB 45,600, which shall be borne by the two plaintiffs.
The judgment of the first instance held that the plaintiff should bear a higher duty of care if he wants to obtain another person's trademark commercially, and should conclude a trademark transfer contract with the trademark owner in accordance with Chinese laws and go through the necessary trademark transfer procedures. In this case, the trademark transfer contract was signed by the plaintiff IP Company and Proview Electronics Co., Ltd., and the apparent agency relationship with the defendant was also not established. Therefore, the plaintiff's claim lacks factual and legal basis and is rejected. On 20 12 02 17, Proview held a media briefing in Beijing. Proview revealed that Apple obtained the overseas trademark right of iPad through fraudulent means, and Proview has never sold the trademark right of mainland iPad. Su Li, litigation consultant of Proview trademark case, said that he is currently entrusting an American lawyer and will sue Apple for fraud within one month at the earliest, with an estimated claim of at least $2 billion.
According to another news, Yang Rongshan, founder of Shenzhen Proview, said in an interview with the media today that Su Li, president of Hejun Venture, recently said that "suing Apple in the United States for $2 billion" does not represent the view of Shenzhen Proview. He has hired a new public relations company to release information to the outside world.
Huang Chuangye, vice president, said today, "Yang Rongshan is personally bound by the Hong Kong Institute's ban, and it is correct to release us to represent him personally and start a business." He said that Hejun Venture will not release information about the lawsuit between Shenzhen Proview and Apple for the time being.
201February 17, Shenzhen Proview Beijing Press Conference, and Su Li, President of Hejun Venture, said at the press conference that Apple would sue Apple for $2 billion in the United States for using British IP company to purchase the trademark right of iPad. Hejun Venture Capital is a restructuring consultant appointed by the creditors of eight banks in Shenzhen Proview, and it is also the general coordination company of iPad trademark litigation public relations.
Yang Rongshan said in an interview with the media today, "What Su Li said does not represent Shenzhen Proview. We have now found a public relations company to release information. " He also pointed out that the so-called compensation of $65.438+0 billion, $2 billion and $400 million with specific figures is not the view of Shenzhen Proview.
Yang Rongshan admitted to the media that the best solution to the dispute over iPad trademark rights is reconciliation. "The value of the iPad trademark was not created by Proview, and we will not open our mouths to the Apple Lion."
Xie Xianghui, an attorney of Shenzhen Proview, revealed that Huizhou Intermediate People's Court had made a first-instance judgment on "Proview v. Huizhou Apple Distributor iPad Trademark Infringement Case", and found that Huizhou Branch of Shenzhen Shundian Chain Co., Ltd. constituted infringement and prohibited it from selling Apple iPad related products. It is understood that this is the first time in the iPad trademark dispute that the court found that the domestic Apple distributor infringed.
Proview's application for bankruptcy liquidation of iPad trademark case may be suspended.
20 12-03-02 While Apple and Shenzhen Proview Company were caught in a dispute over the ownership of iPad trademark in Chinese mainland, the reporter learned from Beijing Bank of China (Shenzhen) Law Firm yesterday that an application for bankruptcy liquidation against Shenzhen Proview was about to be ruled by Shenzhen Intermediate People's Court. Once the court decides that Shenzhen Proview will go into bankruptcy liquidation, the lawsuits of the two companies about the trademark ownership of iPad will also be suspended.
According to the provisions of the People's Republic of China (PRC) Bankruptcy Law, the Shenzhen Intermediate People's Court conducted an overdue review of the bankruptcy application. Lawyer Chen Yi said that on February 20th, the Shenzhen Intermediate People's Court issued the Request for Instructions on Accepting Bankruptcy Applications as soon as possible. According to the provisions of the bankruptcy law, once the court decides to accept this application, the iPad trademark lawsuit between Shenzhen Proview and American Apple will be suspended according to law. The lawsuit can only continue after the administrator appointed by the court takes over the property of Shenzhen Proview.
Apple paid $60 million to settle.
20 12 On July 2nd, according to the official disclosure of Guangdong Higher People's Court, Apple and Shenzhen Proview reached a settlement on the iPad trademark case, and Apple paid Shenzhen Proview Company 60 million US dollars. The mediation agreement in this case came into effect on June 25, 20 12. On June 28th, 20 12, Apple applied to Shenzhen Intermediate People's Court, the court of first instance of this case, for compulsory execution of the above civil mediation. Today, Shenzhen Intermediate People's Court delivered a ruling and the Notice of Assisting in the Implementation of the Transfer of the IPAD Trademark to Apple Company to the Trademark Office of the State Administration for Industry and Commerce.
It is reported that on June 25, 2002, the Guangdong Higher People's Court served a civil conciliation statement to both parties, and the conciliation statement came into effect. A few days ago, Apple has remitted 60 million US dollars to the account designated by the Guangdong Higher People's Court according to the requirements of the mediation document, and applied to the Shenzhen Intermediate People's Court, the court of first instance of this case, for compulsory execution of the above-mentioned civil mediation document on June 28. The Shenzhen Intermediate People's Court today served the Trademark Office of the State Administration for Industry and Commerce with the "Enforcement Ruling and Notice of Assistance in Enforcement on the Transfer of the iPad Trademark Involved in the Case to Apple".
This means that Apple has successfully solved the dispute over the ownership of the iPad trademark of Shenzhen Proview Company.