Yesterday we heard that the case between Proview and Apple was put on hold in a court in Shanghai, after the court ruled that the case wouldn’t go ahead until the case in the high court in China is heard.
Now it would appear that Proview has decided to take its case against Apple to the US, the company has now filed a case against Apple in the Superior Court in the state of California.
Proview originally sold the rights to the iPad name to Apple for $55,000, although the rights were brought through a separate company, and now Proview are claiming that Apple used deception to buy the iPad trademark from Proview.
Background of the Dispute
The dispute between Proview and Apple dates back to 2009 when Apple, through a subsidiary named IP Application Development Ltd., purchased the rights to the iPad trademark from Proview. Proview, a financially struggling company at the time, agreed to sell the trademark for $55,000. However, Proview later claimed that Apple had misled them by not revealing their true identity during the transaction. Proview argues that had they known Apple was the buyer, they would have demanded a much higher price for the trademark, given Apple’s financial standing and the potential value of the iPad brand.
Proview’s legal strategy has been multifaceted. Initially, they filed lawsuits in China, where they argued that the sale of the trademark was invalid. The Chinese courts have been a significant battleground for this dispute, with various rulings and appeals prolonging the legal battle. The recent decision by the Shanghai court to put the case on hold until the high court in China hears it adds another layer of complexity to the situation.
Proview’s Move to the US Courts
In a strategic move, Proview has now taken its case to the United States, filing a lawsuit in the Superior Court of California. This decision to pursue legal action in the US could be seen as an attempt to leverage the American legal system’s perceived fairness and transparency. By doing so, Proview might be hoping to gain a more favorable outcome or at least put additional pressure on Apple to settle the dispute out of court.
The case in California will likely focus on the allegations of deception and whether Apple’s actions constituted fraud. Proview’s legal team will need to provide compelling evidence that Apple intentionally misled them during the trademark purchase. This could involve presenting internal communications, emails, and other documents that demonstrate Apple’s intent to conceal their identity.
Apple, on the other hand, will likely argue that their actions were within legal bounds and that Proview willingly agreed to the sale. They may also contend that the use of a subsidiary to purchase trademarks is a common business practice and does not constitute deception.
The outcome of this case could have significant implications for both companies. For Proview, a victory could mean a substantial financial settlement or even the possibility of reclaiming the iPad trademark. For Apple, a loss could result in financial penalties and potential damage to their reputation.
The legal battle between Proview and Apple is far from over. With cases pending in both China and the United States, the dispute over the iPad trademark continues to evolve. The decisions made by the courts in these jurisdictions will be closely watched by legal experts and industry observers alike, as they could set important precedents for future trademark disputes. As the situation unfolds, it remains to be seen how this complex legal saga will ultimately be resolved.
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