Pakistanis angry over detentions in Times Sq. case Monday, May 24, 2010
ISLAMABAD – Relatives of three men detained by Pakistan for alleged links to the suspect in the attempted Times Square bombing say the men are innocent.
They
AFP - Thursday, August 6TAIPEI (AFP) - - Taiwan's Beijing-friendly government on Wednesday denied boycotting an Australian film festival amid a row over the e
BERLIN (Reuters) - Chancellor Angela Merkel suffered a double blow on Thursday as a senior party ally in east German
Minister seeks closure of anti-Berlusconi websites Wednesday, December 16, 2009
ROME (AFP) - – The Italian government moved Tuesday to close down Internet sites encouraging further violence against Prime Minister Silvio Berlusconi, who
By ELAINE KURTENBACH,AP Business Writer AP - Wednesday, March 18SHANGHAI - Asia's stock market rally seemed to be running out of steam Wednesday, despite an
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. Marcus
David Cay Johnston
Bethany McLean
Edward Hadas
Hugo Dixon
Ian Bremmer
Mohamed El-Erian
Lawrence Summers
Susan Glasser
The Great Debate
Steven Brill
Jack & Suzy Welch
Breakingviews
Equities
Credit
Private Equity
M&A
Macro & Markets
Politics
Breakingviews Video
Money
Money Home
Tax Break
Global Investing
MuniLand
Unstructured Finance
Linda Stern
Mark Miller
John Wasik
James Saft
Analyst Research
Alerts
Watchlist
Portfolio
Stock Screener
Fund Screener
Personal Finance Video
Money Clip
Investing 201
Life
Health
Sports
Arts
Faithworld
Business Traveler
Entertainment
Oddly Enough
Lifestyle Video
Pictures
Pictures Home
Reuters Photographers
Full Focus
Video
Reuters TV
Reuters News
Article
Comments (0)
Follow Reuters
Facebook
Twitter
RSS
YouTube
Read
Suspect told police he killed randomly in Ohio school
|
1:18am EST
New, faster Apple iPad expected next week
28 Feb 2012
Ohio school shooter confesses as death toll climbs
|
28 Feb 2012
Coach who chased Ohio shooter doesn't feel like a hero
28 Feb 2012
FDA adds diabetes, memory loss warnings to statins
28 Feb 2012
Discussed
106
Taliban urge Afghans to attacks Westerners
102
Analysis: Can United States defuse Koran burning uproar?
79
Putin praises Cold War moles for stealing U.S. nuclear secrets
Watched
Sacha Baron Cohen gets a warning from Oscar
Fri, Feb 24 2012
iPad 3 is expected next week
Tue, Feb 28 2012
Dual victories for Romney
Tue, Feb 28 2012
China higher court hears Apple's iPad appeal
Tweet
Share this
Email
Print
Related News
On the ropes, Apple's China nemesis still dreams
Mon, Feb 27 2012
Apple's China legal battle over iPad spreads to U.S.
Fri, Feb 24 2012
Apple ponders cash, caves on board-vote proposal
Thu, Feb 23 2012
Migrants elbow for Foxconn jobs despite labor probe
Thu, Feb 23 2012
Michael Jordan sues Chinese sportswear firm over name use
Thu, Feb 23 2012
Analysis & Opinion
$500 bln valuation may still be only half an Apple
Super PAC cash, immigration rules, and Businessweek’s revival
Related Topics
Tech »
Media »
iPad »
By Lee Chyen Yee and Huang Yuntao
GUANGZHOU, China |
Wed Feb 29, 2012 2:58am EST
GUANGZHOU, China (Reuters) - Lawyers for Apple Inc. argued for its right to use the iPad trademark in China on Wednesday, as a higher court began a crucial hearing that could result in sales of the wildly popular tablet computer being halted throughout the Chinese mainland.
The Higher People's Court of Guangzhou is hearing an appeal by the U.S. firm after a lower court ruled in favor of debt-laden Chinese tech company Proview Technology (Shenzhen), which says it owns the trademark in China.
"The value of iPad's trademark rocketed after Apple launched the tablet computer in January 2010," a lawyer for Apple told the court. "In the eyes of the consumer, iPad is associated with Apple. If the court decides that Proview wins the case, then this will confuse consumers and hurt their interests."
The verdict of the higher court -- which is not expected immediately -- is usually final under Chinese law, and will set a precedent for other cases in lower courts around China.
"Theoretically, there is still a final 'appeal' to the Supreme People's Court to apply for a retrial but the success rate of such applications is extremely low," said Kenny Wong, a partner and head of the intellectual property practice at law firm Mayer Brown JSM in Hong Kong.
"If Apple lost before the Guangdong court they will either have to reach a settlement with Proview Shenzhen regarding the rights in the iPad marks or change the name of their tablet to something not similar to iPad."
A week ago, a Shanghai court rejected a request by Proview Technology (Shenzhen), a subsidiary of near-bankrupt Hong Kong-listed Proview International Holdings Ltd, to block Apple from selling iPads in China's richest city, saying that it would depend on the ruling of the Guangzhou high court.
The case moved to the high court after the Intermediate People's Court in Shenzhen rejected Apple's complaint against Proview Technology over the infringement case. Guangzhou and Shenzhen are in the booming southern province of Guangdong.
The legal tussle has crimped some sales of the iPad and also spread to the United States, where Proview International Holdings Ltd's Taiwan subsidiary has brought a lawsuit accusing the world's most valuable technology company of using deception to acquire the iPad trademark.
DISPUTED TRADEMARK
The legal battle has been simmering for years.
Apple says it bought ownership of the trademark in various countries from Proview, once a global monitor maker, but the Chinese company argues that the U.S. firm dealt with only one unit of Proview and it retains rights to the iPad name in China.
"Apple meticulously formed a band of lawyers to buy the trademark, but the transacted amount was given to Taiwan's Proview, not Shenzhen's Proview," Roger Xie, Proview's lawyer, told the court.
The financially troubled technology company has already petitioned Chinese customs to stop shipments of the iPad in and out of China, although the authorities have indicated that such a ban would be difficult to impose.
Mayer Brown JSM's Wong said if the Guangzhou court found that Apple had infringed Proview's trademark, anyone dealing in iPads could also be deemed an infringer, although he added that the position was not entirely clear in China.
Proview Technology (Shenzhen) Chairman Yang Long-san told Reuters earlier this month that it would favor an out-of-court settlement. Some analysts said financial compensation from Apple would help rescue the debt-laden company.
China is Apple's second-biggest market and a major production base for its products, including the iPhone, iPad and iPod.
The iPad dominates the tablet PC market with a 76 percent market share in China. There are three Apple retail stores in Shanghai and two in Beijing.
Apple is expected to unveil the third incarnation of the iPad at a media event in California next week.
A delay in an outcome of the court case could impact sales of the iPad in China, with consumers turning to devices smuggled from neighboring Hong Kong as some stores take iPads off the shelf.
Over the past few weeks, Proview's efforts have borne fruit as local media reported that some cities had started enforcing Proview's request to remove iPads.
Lawyers said a final decision by the high court could take weeks, if not months.
"If this case drags on without a verdict, it might leave a bigger space for both sides to look into a settlement," said Jeremy Zhou, a partner at Joinway Law Firm in Shanghai.
(Additional reporting by Royston Chan in Guangzhou and Artemisia Ng from Asian Legal Business in Hong Kong; Writing by Alex Richardson)
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 (0)
Be the first to comment on reuters.com.
Add yours using the box above.
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.