No, it's not that Shenzhen Proview Company "robbed" Apple's iPad, but that Proview Company first owned the trademark, and then Apple launched the trademark, both at home and abroad. Therefore, it cannot be said that Shenzhen Proview Company "blackmailed" Apple. As netizen Zhong Yang said, it can only be said that "Proview was hit on the head by a golden apple". 2) Isn't Jobs watertight? At least in this iPad trademark competition case, Apple made a big mistake. First of all, when they signed a trademark transfer contract with Proview Company of Taiwan Province Province, they failed to fully confirm that the contract included the trademark of iPad in Chinese mainland. Secondly, after Apple's application to China Trademark Office for the trademark of mainland iPad was rejected, it still sold iPad series products in China market, instead of solving the trademark problem first. 3) Did Apple go shopping with the wrong person? Even if the British IP Company, a subsidiary of Apple, signed a trademark transfer contract with Proview Company of Taiwan Province Province, which clearly indicated that the trademark of iPad in Chinese mainland was included in the contract, then it can only be said that Proview Company of Taiwan Province Province had fraudulent or deliberate concealment and misleading behavior. Because Taiwan Province Proview and Shenzhen Proview are two different subjects (there is no equity connection between them), and the mainland trademark right of iPad is in the hands of Shenzhen Proview. The enlightenment that this can give international companies is that if they want to do business, they have to find the right owner. 4) Is it outrageous for Shenzhen Proview to claim10 billion yuan? Shenzhen Proview appealed to Apple for compensation of 654.38+00 billion yuan, and then its eight bond banks offered compensation of 50 million dollars. Is there any legal basis? There may be, judging from the huge sales of Apple iPad in China, there may be. Article 52 of the Regulations for the Implementation of the Trademark Law stipulates that "the amount of fines for infringement of the exclusive right to use a registered trademark shall be less than 3 times of the amount of illegal business; If the illegal business amount cannot be calculated, the fine amount shall be less than 654.38+10,000 yuan. " Theoretically, as long as the sales volume of Apple iPad in Chinese mainland is around 3.4 billion yuan, it may face a fine as high as 654.38+0 billion yuan. 5) Will Apple be fined tens of billions? No way! Because imposing a fine of hundreds of millions or more violates the principle of "excessive punishment is equivalent" in administrative law, there is no precedent. The principle of "excessive punishment is equivalent" means that the administrative subject imposes administrative punishment on the violator, and the type and range of punishment should be adapted to the degree of illegal fault of the violator, neither too heavy punishment nor too light punishment, so as to avoid unreasonable and unfair situations. Take Apple's iPad trademark as an example. The reason why the iPad trademark has no market value is mainly the result of Apple's efforts to develop products and operate the market. Its use of the iPad trademark is not intentional infringement, but a misunderstanding of the contract content. Therefore, even if the second trial loses, the penalty amount should not be too high. 6) Will Apple give up using the iPad trademark? As it can be expected that the fine will not be too high, it can basically be judged that Apple will not give up using the iPad trademark in Chinese mainland. Because Apple will face huge economic losses if it changes its trademark, and the iPad trademark remains in Proview's hands without much commercial value, there is still a lot of room for final reconciliation between the two. At present, the two are still fighting in court, which is just a means of bargaining between the two sides. 7) How to make money from Apple? If it is said that as long as others register the trademark first and Apple uses the trademark later, then Apple must invest in buying the trademark afterwards or make compensation. So, can we say that we only need to register trademarks first, such as iCar, iBook, iTV, iCloud, etc. As long as Apple doesn't register, let's register them first so that we can make a profit another day? Legally speaking, it is possible. But trying to make money in this way is equivalent to waiting for the pie to fall. Because the truly valuable trademarks have long been registered by others, such as those just mentioned, in fact, they have all been registered by Apple. And if you want to cast a net, the registration fee of a trademark of several thousand yuan is not low.