Proview held iPad rights conference: suing Apple for rights

Li Su, dark, Yang Rong Mountain, founder of Proview today jointly Jun entrepreneurial president

Proview held iPad rights conference
media Source: Sina Technology
Shenzhen Proview attorney to Ma Dongxiao instructions iPad trademark disputes between the Proview and Apple iPad rights conference held in Beijing. Yang Rong Mountain, founder of Proview at the meeting pointed out, Apple had to buy the iPad trademark of the countries of the world, the existence of fraud, is now suing Apple to protect their interests.

Proview iPad Past and Present

Rights conference held in Shenzhen Proview attracted great concern to the packed conference room, a conference room in the the Guoco law firm Beijing office, more than 60 media, many media only station finally arrived participate in a meeting at the door.

Yang Rong Mountain, founder of Proview opening the Proview production iPad product. According to him, the iPad is a product name (full name is the internet the Personal Access the Device), is also a trademark. Proview in the second half of 1998 the company began to design the iPad product R & D investment over 30 million dollars.

According to Yang Rong Mountain, iPad the Proview iFamily one of the series, 2000 and officially released. "This is a conceptual product at the time." Proview iPad in the United States does not own the trademarks, product can only be sold on an OEM basis to Hewlett-Packard (microblogging) .

The LCD screen is not widely available and the cost of expensive Proview iPad using cathode picture tube CRT monitor. Yang Rong Mountain, in dry conditions, CRT touch screen is very prone to operational error, resulting in the iPad ultimately not very successful.

Proview Proview iPad presentation materials distributed to the media scene in today's conference. According to the information provided, Proview iPad is a small desktop with a mouse, keyboard, monitor, and now sold by the Apple iPad Tablet PC is completely different. In addition, the Proview iFamily Series products also include iNote, iPDA, iDVD, iClient.

Proview to sell the iPad trademark

According to Yang Rong Mountain, Proview after the introduction of the iPad was to do a global registration of the mark, mainly involving the 31 countries of the European Union, Mexico, in other areas not able to get the iPad trademark, Panasonic registered. Apple and Proview are at peace, but in 2003 the two sides to a lawsuit, but not because of the iPad trademark.

Yang Rong Mountain, 2003, Apple wants players trademark registered in Europe, iPod, iPod and Proview iPad trademark similarity, the Proview then initiate proceedings to prevent Apple from register.

"We have gone through three years of litigation, but also spent a lot, eventually we give up to continue litigation with Apple, we withdrew its defense, this is the first battle with Apple." Yang Rong mountain does not explain why did she abandon the prosecution of Apple.

Proview development is so smooth, was among the world's top five display manufacturers, the highest annual sales revenue has reached 10 billion yuan. However, the financial crisis of 2008 Proview into a corner.

Time of financial turmoil in 2008, Proview has been tremendous damage. "Yang Rong Mountain, rights at the meeting said that the collapse of not only the two largest U.S. customer, Proview has a significant backlog of display inventory. When the average price of LCD screen quickly fell from U.S. $ 250 140 dollars, has fallen by 60 percent, eventually leading to the Proview bank debt 2 billion yuan.

Yang Rong Mountain, then only crown began to restructure the assistance of the Bank, during a British company IP Application Development came into contact with Proview, seeking to buy the iPad trademark. Later, the company proved to be the Apple set up shell companies in order to obtain the iPad trademark.

Yang Rong Mountain, recalled that the UK IP lawyer active contact with Proview, said the company referred to with the iPad very similar to the trademark requires the purchase of the trademark. Both sides initially talks iPad trademark of the European region, followed by the two sides to discuss the transfer of the global brand.

"UK IP's initial bid of £ 20,000, because that was not enough registration fee, I initially did not agree to sell." Said Yang Rong Mountain. Rejected, the UK IP if Proview does not sell, will use legal proceedings to apply for revocation of the trademark iPad Proview Proview e-mail said.

Yang Rong Mountain, Proview financial crisis in 2009, is going to shrink overseas operations, at the same time because it was the litigation "threat", so Proview Taipei companies claim to sell the iPad trademark. "Selling there is money to take, if the litigation, then I do not know how much attorney fees."

In December 2009, Yang Rong Mountain authorized employees wheat Shihong signed the relevant agreements, trademark rights and interests of 10 the price of £ 35,000 transferred to the UK IP, which involves iPad trademark.

A month later, on January 27, 2010, Apple officially released to the world the product iPad Tablet PC. Yang Rong said that at that time was "deceived" and know that the UK IP is actually Apple.

He said in today's conference, Proview is now a financial crisis, but we still did not disclose require specific compensation figures. "We are now under Chinese law to protect their interests. Claims circulating on the network of 10 billion yuan, not only the crown of the requirements, it is the views of professionals."

He also said, "Many people believe that our registered trademark, but in fact, the iPad from 1998 accompanied by Proview to today. Proview wronged," he revealed, Proview is seeking a new opportunity to stand up again, now have a restructuring plan and investment.

iPad Chinese trademark dispute

Yang Rong Mountain, iPad trademark of the transfer process, Ma Dongxiao lawyers then began iPad trademark case. He said that the iPad trademark ownership litigation, a key issue is the trademark of Apple established IP companies to buy in the end the package does not include the Chinese mainland trademarks, and Taiwan Proview can not sell the Chinese mainland trademarks.

Ma Dongxiao a live demonstration of one year Yang Rong Mountain authorize the only crown wheat Shihong, Ministry of Justice Director of Taipei company signed iPad trademark of the transfer authorization. He said that the power of attorney can prove just Proview Taipei registered iPad trademark was purchased by the UK IP, and does not include the Shenzhen Proview registered trademark iPad.

He added that the Proview Taipei and the United Kingdom IP signed a trademark transfer agreement attachments which out of several countries iPad trademark, which does include the Chinese trademark, but even if this contract is valid, but if you just signed a contract, did not fulfill the trademark the right to transfer the program, the transfer of the trademark did not take effect.

He believes that only a 'no' fruit ', Apple did not get the trademark license, openly use to today iPad trademark transfer. "So I tell you, in this case, the Trade and Industry Bureau to investigate and deal with any problems if not addressed, but is an administrative omission."

He also put aside the Shenzhen Proview as an agent to make a comment on the matter. He believes that Apple very low-level errors committed in the whole process, no due diligence of intellectual property.

"Apple is so great a company, such a stupid mistake I feel very sorry. Its lawyers may be planning in the transaction which is very good, but the intellectual property rights a link omissions, did not investigate the trademark in the end who should, this is a very a painful lesson, "said Ma Dongxiao.

He also said that the disputes between the Proview and Apple is actually a commercial war between the merchant, independent of moral. Proview is done only to protect their legitimate rights and interests according to law, there is no need to accuse it of how large level; as Apple is concerned, there is no need to accusations from the moral level, that it is how high or how low, in fact, The problem is that the commercial warfare between businessmen. "

And Jun start to refute Apple's statement

In after Ma Dongxiao speech, and Jun start Li Su, president released a statement a letter to Apple, and fight back Apple had reiterated the statement of China's trademark rights and interests. And Jun start of the statement are as follows:

Proview from 2004 to 2006 for the iPod and the iPad trademark approximation litigation with Apple in the UK, from the lawsuit after never and can not negotiate with Apple to sell the iPad mark. Apple set up a false company spent £ 35,000 bought iPad trademark obtained fraudulently improper, we commissioned a U.S. company is preparing to sue Apple.

Second, the iPad mark does not sell to Apple when Apple acknowledged that the fact that the two sides on the time of the transfer negotiations, in 2010 eight banks seized Proview Shenzhen, Apple also sent lawyers and eight banks coordination paid transfer of the trademark, is now admitted that the negotiations after Apple forced to use the iPad trademark. As for the iPad trademark is not sold to Apple, and Apple can use the iPad on the mainland trademark is not Proview companies admit does not recognize the problem, China permitted by law not allowed. When Wahaha and up can sign the contract to sell trademark dismissed by the State Administration for Industry and Commerce, iPad trademark of both fraud dispute is not a trademark holder Shenzhen Proview signed contract, Apple's present and future are impossible to China's trademark to be recognized.

Third, the courts of Hong Kong for the contract dispute between the two sides simply have not yet hearing, Apple has openly said that Hong Kong courts to support their trademark owners the right to advocate, which is to deceive public opinion of the behavior is contrary to the legal knowledge.

Fourth, Apple grounds of proceedings are under way between the two sides, citing the Hong Kong courts of temporary restraining order to prevent the enforcement of China's business sector is China's judicial contempt, when Wahaha and Danone during the proceedings up to be able to take in the BVI court provocation to the Chinese judicial sovereignty to an injunction against Wahaha, by an intermediary organization, Wahaha litigation liability to the other party to admit its mistakes ended. China's business sector according to Chinese law enforcement is a legitimate law enforcement, not serious law enforcement departments should not act, our lawyers to prosecute.