IPad trademarks belong to who? ? Submit Free Articles

IPad is the most fashionable electronic products, is China consumers. However, a beat all is, iPad in the mainland of China trademark ownership belongs to an unknown Shenzhen company. Proview ( Shenzhen) Company Limited and the United States Apple?s iPad trademark infringement case is still pending.

Now, the focus of competition for the iPad trademark rights in Taipei and Shenzhen can be considered as a whole? For apple, Taiwan and Shenzhen are Proview International Holdings subsidiaries,? iPad? trademark transfer agreements are Proview collective trading behavior. Therefore, apples to Shenzhen City Intermediate People?s court, asking the court to order the two trademarks of all its.

However, the Shenzhen City Intermediate People?s court verdict, the case in dispute of contract ( EMC electronic transfer of multiple iPad trademark rights contract ) signed in Taiwan, is the only crown electronics company limited legal representative Yang Rongshan authorized the only crown electronic ministry of justice for Mai Shihong and IP development company signed, but not necessarily to Shenzhen binding. Authorization and contract are Proview Electronics ( Taiwan ), and Shenzhen have no relevance.

Apple has not, then to the Guangdong Provincial Higher People?s Court of appeal. And Shenzhen and also to the Shanghai Pudong New Area people?s court filed a trademark infringement lawsuit, the court has accepted.

Whether Apple or Proview, both sides hope to take the second start during a game to fight for their own weight.

Apple is aimed at the lowest cost to take iPad China trademark right, while the director is opposite, to the high price is the ultimate aim of trademark right.

The focus of controversy:

One apple and Taiwan signed iPad trademark transfer contract for Shenzhen companies have no binding;

Two is the apple that apparent agency is established.

Apple said:

? Many years ago, we buy only coronal company in ten different countries around the world iPad trademarks. The only winner refuses to admit and discharge involving the Chinese part of the agreement. Hongkong court has given support. We in the mainland of China the case is still in progress.? Apple think it from Taiwan bought the right to use the trademark ?iPad? global, naturally includes ?iPad? trademark in the mainland of China the right to use.

Apple? agency by estoppel? view: Yang Rongshan and Shenzhen and Taiwan ?s legal representative. And then signed the transfer agreement, which includes Taiwan in Hongkong, Britain and other registered iPad trademark, is also included in the Chinese mainland iPad trademark, which means, apple made including Mainland China, iPad the exclusive right to use a trademark. Therefore, apple, although not directly and the Shenzhen company signed an exclusive right of trademark transfer agreement, but from a legal point of view, it is sufficient to constitute the apparent agency.

Apple think Shenzhen involved the transfer of evidence is IP company and Huiyuan staff ( signed with Shenzhen company e-mail suffix ) between the mail, but the court held, with Shenzhen Huiyuan to a natural person should be relative, Apple also cannot prove the legal disposal of Huiyuan Shenzhen iPad trademark right, so can not proof of apparent agency establishment.

The only winner:

According to the? agency ? point of view, Shenzhen think and apple contract Mai Shihong is the Taiwan staff, Shenzhen has never authorized any transfer of iPad trademark, the apple company and Taiwan could not be traded between third trademark, so? agency by estoppel ? not up.

Director in charge of the case of Li Su said,? previously, apple is indeed in the Hongkong court only coronal, but this lawsuit is not in session, he came to Hongkong in support of the court of apple. Step, Hongkong law in mainland China is not applicable.?

Li Su said, a began to negotiate the purchase of apple with director trademark reasons, the Hongkong court to apply for a restraining order, i.e., during negotiations, the only crown Apple trademark rights can not be sold to third party. An injunction is the premise, apple acknowledged both sides are negotiating to purchase.

Shenzhen conference held in February 17th to produce its own products only coronal iPad information, and that Apple had used fraudulent means to make director Mark iPad global use right transfer.

Yang Rongshan says Apple set out by iPad trademarks: Apple found a pseudonymous lawyer on behalf of a British company ( company of abbreviation IPADL) and EMC EMC requirements contact, global iPad trademark transfer to yourself, then the law guarantee not engaged in the business of forming competition director. When the two sides signed the iPad trademark transfer agreement, protocol annex in some trademark warrant, the warrant contained in Chinese iPad logo.

Li Su said, in 2000 began production in the Global Promotion Director Director ?s iPad tablet computer, the apple iPhone even got pushed out. ? In fact, the apple company is in Hongkong to see our products, to be inspired to do touch screen. Now the director of the chambers, and the only winner iPad inventory, the only crown does not exist a trademark.?

In view of the network spread 10000000000 Yuan claims, Yang Rongshan expresses, although the only winner now exist in the financial crisis, but has not publicly called for specific compensation for digital. ? We are under Chinese law, safeguard the rights and interests. The network popular $10000000000 claim, not only the coronal requirements, it is professional perceptions.?

Yang Rongshan thinks, and apple iPad China registered trademark disputes, reached an out-of-court settlement will be the best plan.

Experts say:

Analysys International analyst Sun Peilin:

Apple iPad trademark name is unlikely, and no matter how the final results, smuggled goods channels within the short-term will obtain profits.

This trademark litigation may well belong to Apple initially on the use of the mark of negligence, but Shenzhen aims to improve access to price, disposable trademark transfer fee.

Trademark litigation against iPad 3 in Chinese market listing process has great influence, due to domestic users of Apple?s iPad 3 has a very high demand, and Apple products in the Chinese market sales growth rate is higher, the apple doesn?t choose to give up the Chinese market, but there could be iPad 3 in mainland China market. This delay will be on the domestic market have two effects: one is smuggled goods channels will be in short-term inside obtain huge profits. In may delay the time to market, smuggled goods will be purchased by the user of main channel, and the seller will rapid uplift of the price, and as a result of iPad2 licensed under the frame, some businesses will also have the option of hoarding iPad 2 products, after raising the price to obtain short-term profits. The two Samsung, Lenovo and other related entertainment localization tablet computer will receive a certain market opportunity. At present, the iPad?s performance in China and global close, share of more than 70% patents, and resulting products under the frame to follow-up with type flat plate more market share opportunities, especially in the higher price under the premise of smuggled goods bling cases.

If Apple copyright infringement was established, will be faced with two options: pay a fine, and pay the trademark use cost; or pay a fine, follow-up product name listed. However, apple more attention to brand image, from the operational point of view of globalization, Apple will focus on brand unification, but from the decision-making value degree angle, apple Chinese prefer practical operation, actual and decision-making ability in the United States headquarters, the United States Department of the particularity of the Chinese market does not always understand, therefore, renamed unlikely.

Shanghai state law firm partner You Yunting:

First of all, morally, the only crown than apple dominant. Both iPad trademark transfer contract dispute is the core main body not to sign the contract signed, not a trademark owner Shenzhen, but its affiliates Taiwan, but consider this contract is a global contract, involving more than 10 countries, only coronal in other countries to fulfill the contract, the transfer of trademarks for the apple, but only in China, due to trademark holders Shenzhen is on the verge of bankruptcy by creditors, pinning, which makes the contract execution problems. Visible, transfer contract has been signed to pay and put it down in black and white, is now the only crown destro, apple is not wrong.

As for what the outside passes, apple is not directly and only coronal signed the contract, but by the British? white glove? company contracted, suspected fraud, this is actually a misunderstanding of business practices. Never large companies should acquisition trademark, domain name, intellectual property, is through a proxy to, this is due to the asset class, although itself has a certain value, but only behind has the reputation of products or services support, value will increase, if the big company oneself to buy, will encounter the price hike, so by? white glove? buy more can reflect its own value, but also more in line with economic law.

Secondly, the apple company strength is too strong, the only crown company lawyers formulated to combat strategy covers almost all possible fight in the channel, but these measures Apple afford, coupled with the next generation of iPad products to be listed, even losing also has freedom of manoeuvre.

Beijing nine times and law firm senior partner Xie Huiding:

Expected the second is likely to maintain a judgment result, namely apples. The apple company asks for confirmation of the right to use the trademark and related compensation, in the first instance is not supported. I to a trial court in Shenzhen decided to agree. At present, Shenzhen has been on the verge of bankruptcy, but as the enterprise, legal subjects still exist, Shenzhen trademark use valid until 2021. Obviously, Shenzhen Proview has the right to use the trademark, in mainland China using no objection.

Apple has made Taiwan the right to use the trademark, but Taiwan and Apple?s agreement does not include Chinese mainland. Though the boss is the same person, but Taiwan and Shenzhen are two independent companies. It needs to be in a certain area registration is valid, the Taiwan and the mainland is the two legal system, Taiwan has no right to dispose of Shenzhen trademark. Whether Apple does the existence of fraud, and Taiwan signed an agreement to include mainland this argument is invalid Glitter Butterfly Swarovski iPhone Cases.

At present, more and more Chinese enterprises gradually moving toward the world, the protection of intellectual property rights is a problem that deserves attention. The apple company in mainland China to appear this kind of circumstance is passive, so an international enterprise in China to sell products, even on the issue of intellectual property rights is not enough to pay attention to. If the second sentence upheld, apple is subject to administrative punishment and compensation, punishment and the amount of compensation will be higher. If the interests of both sides to achieve balance, would be a good result.

IPad trademarks belong to who?

Source: http://sharticle.info/ipad-trademarks-belong-to-who/

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