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Wednesday, 22 February 2012 - Chinese firm seeks halt of iPad sales in Shanghai |
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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 Summits 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 Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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A Shanghai court began hearing on Wednesday a case brought by Chinese technology firm Proview, seeking to halt the sale of Apple Inc's iPads across the affluent Chinese city, accusing the U.S. firm of trademark infringement. Credit: Reuters/Aly Song By Samuel Shen and Royston Chan SHANGHAI | Wed Feb 22, 2012 2:55am EST SHANGHAI (Reuters) - A Chinese technology firm sought to halt the sale of Apple Inc's iPads across the affluent city of Shanghai, arguing at a local court hearing on Wednesday that the U.S. firm had infringed on its trademark. Previous court rulings in favor of Proview Technology (Shenzhen) have covered specific retailers in smaller cities, but a Shanghai order, if imposed, would eat into one of Apple's biggest markets in China. Proview lawyers argued, at times emotionally, that an immediate halt of iPad sales be implemented in China's commercial hub, which is the home to three of the country's five Apple stores. Apple defended its right to use the trademark in China and said Proview had no ability to produce or sell its own device under the same name. "Proview has no product, no markets, no customers and no suppliers. It has nothing," Hu Jinnan, a partner at Guangdong Shendadi law firm, which is representing Apple in the case, told the court. "Apple has huge sales in China. Its fans line up to buy Apple products. The ban, if executed, would not only hurt Apple sales but it would also hurt China's national interest." The Shanghai Pudong New Area People's Court has not said when it will issue its decision, but Roger Xie, a partner at Grandall Legal Group representing Proview, said it was likely to be soon. Apple would in any case have the option to appeal should it lose. Highlighting the strong interest in the case, some 100 reporters gathered around the court building while the hearing was taking place. Some local residents took the opportunity of the media attention to voice their own grievances over local authorities, holding up banners in front of the assembled TV cameras. SERIES OF COURT BATTLES Proview says it owns the iPad trademark in China and a Shenzhen court ruled in its favor last December. Apple disputes Proview's ownership of the trademark, saying it bought the rights to the name in China from Proview in 2009. The firm has appealed against the Shenzhen judgment, with a higher court hearing set for February 29 in China's southern province of Guangdong. Following the Shenzhen case, Proview has launched a multi-pronged approach to get Apple's iPads off the shelves in the world's second-biggest economy, with mixed success. Xie reiterated that Proview is open to settle the case out of court with Apple. "Both sides have willingness to negotiate," Xie told reporters outside the court. "Official negotiation hasn't started yet, and both sides will submit their plans before the talks. A settlement outside the court is quite possible." Apple's iPad has a huge lead over rival tablet PCs in China, with a 76 percent market share. It has three Apple retail stores in Shanghai, with the two other flagship stores in Beijing. But it is not only the consumer market in China that is important for Apple because the country is also a major production base for the iPad and other Apple products. Proview, a financially troubled technology company, has already petitioned Chinese customs to stop shipments of the iPad in and out of China, although authorities have indicated such a ban would be difficult to impose. Over the past week, Proview's efforts have borne fruit as local media reported that some cities have started enforcing Proview's request to remove iPads. Proview's lawyers said last week it had won a lawsuit in the southern city of Huizhou against a retailer selling Apple's iPads, possibly boding well for its case in Shanghai. 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. Proview continued to grow, shifting from computer monitors to become the world's third-largest OEM manufacturer of flat panel TVs. But by August 2009, when Apple began trademark talks through a proxy, Proview had been badly hammered by the financial crisis. Trading of its stock was suspended in Hong Kong in August 2010 after creditors in China went to court to recover assets. The company faces delisting in June if it cannot provide the Hong Kong Stock Exchange with a viable rescue plan. (Additional reporting by Ruby Lian and Melanie Lee; Writing by Kazunori Takada; Editing by Jason Subler and 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.

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