On March 14, yesterday Apple published official statements accusing Proview has been deliberately misled the Court and public, saying “iPad trademark has already been prohibited assignment or an Apple in the transfer deal made a mistake in saying is incorrect. In fact, management knew that their actions of Shenzhen Proview and Shenzhen to Proview Proview insisted Apple subsidiary Taiwan Proview Agency. But Apple did not at that time know Proview in Shenzhen with the arrangement, instead of, in order to avoid trade mark transfer fee paid to creditors in mainland China at that time. “For blame from Apple, Shenzhen xiaocaiyuan Proview lawyers announcement said, allegations nothing; apples in Taiwan in Proview company consultation process, has stressed that trademark transfer agreement shall be signed by an authorized representative of writing, e-mail messages are not binding.
Proview law xiaocaiyuan on Apple’s announcement of the following five points:
Apple deliberately deviated from the statement of the objective facts:
First, Apple says “with Proview Proview insisted that we go to Shenzhen subsidiary Taiwan Proview Agency. But Apple did not at that time know Proview in Shenzhen with the arrangement, instead of, in order to avoid trade mark transfer fee paid to creditors in mainland China at that time “, this is purely fictitious.
“In order to avoid trade mark transfer fee paid to creditors in mainland China at that time,” said, it is slander others out of thin air. “With Proview Proview insisted that we go to Shenzhen subsidiary Taiwan Proview agency” is, it is distorting the facts. August 2009 up Apple lawyer carefully planning and developed has acquisition ten a IPAD trademark of programme, prior on Taiwan only Crown company IPAD trademark ownership state prior has for has “comprehensive” of investigation, but hundred key and a soothing, Apple lawyer errors to will which this belonging Yu Shenzhen only Crown company of two a IPAD trademark as has Taiwan only Crown company of trademark to trading, and this low-level of errors, Taiwan only Crown company also failed to timely detect. Apples in Taiwan in Proview company consultation process, has stressed that trademark transfer agreement shall be signed by an authorized representative of writing, e-mail messages are not binding. Apple lawyers drafting trademark transfer agreements in the list of transfer, trademark, trademark transfers have been set out for Taiwan companies.
Apple party representatives issued November 10, 2009 Taiwan Proview contact message content as “1, our lawyers have prepared a simple agreement, including Proview agrees to IPAD transfer all rights to our usual terms of sth 3, if you satisfied with the contract, signed by authorized representatives of the Crown “. The draft message attachments to IPAD deal.
Clearly transferred both to the draft of the agreement: Proview electronics company limited (learning known as “Taiwan”), the IP application development Corporation (Note: Apple’s lawyers specially set up shell companies). And Taiwan Proview addresses are set out in detail (is not difficult to see that Apple lawyer Taiwan company information including trademark rights are already collected). Special needs mentioned of is: the agreement draft of last a section (agreement 11th section) and eventually on December 23, 2009 in Taipei signed completed of official agreement of last a section (also for agreement 11th section) full same, content for: “this agreement and the this agreement mentioned of all file constitute both Zhijian on this agreement subject of all agreement and replaced previously on the standard of draft, and agreement, and commitment, and statement, and guarantee and the any nature of written or oral arrangements”. In other words, the Apple one drafting and eventually by the Apple party (IP company) and Taiwan signed an agreement expressly states: written agreement only on a final effect after written or oral negotiations of any kind (including e-mail) shall not have effect.
Apple party and Taiwan companies signed in Taipei were agreed and on December 8, 2009, Apple was apparent from the exchanges messages to: Taiwan Proview company of the transfer contact Yuan Hui and Taiwan company’s authorized representative or working near Shenzhen in Shenzhen, maishihong, signed an agreement on December 15, asks will to come to Shenzhen? Yuan Hui replied: Taiwan in Taipei is the official seal of the company, agency locations do not change—and that’s what Apple “with Proview Proview insisted that we go to Shenzhen subsidiary Taiwan Proview signed” the so-called basis. First of all, Shenzhen Proview insisted that Apple do not exist and Taiwan Proview fact under contract and, secondly, Taiwan Proview Proview does not exist with Shenzhen stock ownership relations; in addition, Apple’s lawyers do not use their brains on the subject to the requirements and Taiwan Proview contract?
Second, the problem of the so-called three years without using indeed to Apple fickle said.
First of all, Apple knows we’ve all been using the trademark, the trademark is valid trademark. Because of this, Apple on February 9, 2010 to the so-called three years not used,
Application for China’s national trademark offices to Shenzhen Proview company the two IPAD trademark, and subsequently,
Proceedings in the Shenzhen intermediate people’s Court, asking that the two trade marks confirmed to be Apple. Right of action if this is indeed the two trade marks is effective and has been in use. Apple lawsuit claims have objectively deny your own “used for three years,” said.
Today, Apple was reviewing again but again, can only be understood as speaking do not fly.
Third, Apple says doesn’t exist at all is not fair.
Apple it is to hide their ridiculous. Apple has not contracted with Shenzhen Proview company transfer, when an error is found in early February 2010, this should be promptly corrected in consultation with Shenzhen Proview. But because of the arrogance of Apple representatives, rigidly the use of deterrence, lead discussions with the Shenzhen Proview rupture. Apple doesn’t care about Proview company in Shenzhen two IPAD’s exclusive right to use registered trademarks, contempt of the laws of China, openly selling iPad tablet computer in the Chinese market as a whole, form a typical reverse confusion. For 1.5 years. The time length of infringement of wide range, infringement, infringement of profits high, is certainly unprecedented. Due to the strong influence of Apple, has effects far beyond the case, such malicious violations, China has continued to improve the intellectual property system, it is a blatant violation. In any geographical focus on intellectual property protection, infringement of intellectual property rights of others, the cost must be paid, which is one of the most basic rules.
Four, the so-called “Proview has been misleading the public,” said, but to hide their ridiculous.
Apple-related personnel has always been deliberately cover up to hide the low-level errors, has been forced to use iPad trademark reckless, and in order to cover up, played at a pair of innocent looks. Exactly who is misleading the public, testing is to clarify the truth in public record straight. Why “public law” avoided much of it? Why does not have the courage to clarify it?
Five, Apple now as they say they “respect the laws and regulations of China. As a company with a lot of intellectual property, we always respect the trademarks of others “say the opposite.
First of all, we, 1,590,557th, exclusive right to use registered trademarks, and our trademark is never changed. Apple’s so-called dispute with us since February 2010, October 2011, China’s national trademark office has been due to our application for the renewal of trademarks, 1,590,557th and approval of renewal for ten years, again specifically of our registered trademark. Apple has a blind eye, which respect the exclusive right to use the trademarks of others? This respect Chinese laws and regulations?
Shenzhen Proview Attorney
Guangdong and senior partner at law firm: xiaocaiyuan
On March 13, 2012
Source: Sohu IT