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Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Technology Media Small Business Legal Deals Earnings Social Pulse Business Video The Freeland File Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Issues 2012 Candidates 2012 Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Social Pulse Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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But Apple also has some strong defenses against a lawsuit Proview filed last week in California - including the argument that Proview cannot sue Apple, but can only sue the corporation that actually bought the trademarks, the experts said. Apple announced its iPad tablet computer in January 2010 and the device has become phenomenally popular. During the last 14 weeks of 2011 Apple sold 15.43 million iPads. China represents a potentially huge market for the device. Proview has sued Apple in China, requesting that sales of Apple's iPads be suspended across the country because of the trademark dispute. Authorities in several Chinese cities, such as Shijiazhuang and Huizhou, have already banned the sale of iPads, citing the legal dispute. Proview extended the battle to American shores last week by accusing Apple of fraud in a lawsuit filed in a California state court. According to the complaint, Apple's lawyers formed an opaque special purpose entity to buy the iPad trademark. They also sent an email with the allegedly false promise that the entity would not be competing with Proview, the suit said. Representatives for Apple did not respond to a request for comment, but the company has said that it bought Proview's worldwide rights to the iPad trademark. PROVIEW P.R. BOOST? Apple's lawyers called the special purpose entity IP Application Development Limited, and told Proview it wanted the iPad trademark because it was an abbreviation of the company name, according to the lawsuit. Large companies often use special purpose entities to conceal their identities in trademark negotiations, for fear that the price will skyrocket if they are revealed. But naming the special purpose entity after the product is unusual, said Martin Schwimmer, a trademark attorney based in New York. "I have never encountered this level of ruse," Schwimmer said. While Proview's fraud claim is plausible, Apple has some key defenses, Schwimmer and other experts said. Proview's licensing deal with Apple said that the agreement itself supersedes all prior representations and warranties, according to a copy of the agreement. Since Proview did not ask for noncompete protections in the contract, then it may not matter what Apple's lawyers said in an email, Schwimmer said. Apple could also argue that it should not have to defend the lawsuit at all, said Anna Han, a technology licensing professor at Santa Clara University School of Law in Silicon Valley. That is because Proview sold the trademarks to the special entity - not to Apple, she said. A Proview spokeswoman could not comment on the litigation. Proview's parent, Hong Kong-listed Proview International Holdings Ltd, was the first Taiwanese technology company to list in Hong Kong, and by the end of the 1990s numbered itself among the top five computer monitor makers. In 1999 it partnered with U.S. chip maker National Semiconductor to launch the I-PAD, a stripped-down desktop computer whose main selling points were its Internet connectivity and ease of use. But Proview had been badly hammered by the financial crisis, and trading of its stock was suspended in Hong Kong in 2010. Beyond the legal maneuvering with Apple, filing the California lawsuit gives Proview a public relations boost, said Laura Young, a trademark attorney who practices in San Francisco and China. Lawsuits in China are private, she said, which is not the case in the United States. "It gets all this bad-smelling stuff out in the public, and that doesn't look good for Apple," Young said. Should the legal dispute defy settlement, a Proview victory would send a sharp warning to companies about what they say in negotiations over trademarks, Han said. "They would become very cautious," Han said. The case in the Superior Court of California, County of Santa Clara is Proview Electronics Co. Limited and Proview Technology v. Apple Inc. And IP Application Development Limited, and Does 1-25, 12-cv-219219. (Reporting By Dan Levine, editing by Matthew Lewis) Tech Media iPad Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (2) jo5319 wrote: Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter Facebook LinkedIn RSS Podcast Newsletters Mobile About Privacy Policy Terms of Use Copyright Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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