Brief introduction of the event
In p>21, Apple asked the court to decide the ownership of the trademark right of "iPad" and claimed the related expenses from Shenzhen Proview. The case was accepted on April 19, 21, and held three sessions on February 23, August 21 and October 18, 211. The Shenzhen Intermediate People's Court made a first-instance judgment: all the claims of Apple were rejected, and the acceptance fee of the case was RMB 45,6. On February 29th, 212, the dispute over trademark ownership of iPad was opened in the second instance of Guangdong Higher People's Court. During the trial, the two sides had sharp words and fierce confrontation. After the trial, the court did not pronounce a sentence in court.
Reject the suspension of sales
On the afternoon of February 23, 212, the Pudong court made rulings on the application for temporary injunction filed by Shenzhen Proview and the application for suspension of trial filed by Apple: the plaintiff Shenzhen Proview's application for ordering the defendant Apple to stop selling the iPad tablet computer was rejected; The case is discontinued.
The court in Pudong New Area held that Proview's application for Apple to immediately stop selling "iPad" tablet computer was not in compliance with the law, and it was rejected in accordance with Article 14, Paragraph 1 (11) of the Civil Procedure Law and Articles 4, 1 and 16 of the Supreme People's Court's Interpretation on the Application of Laws to Stop Infringement of the Exclusive Right to Use Registered Trademarks and Preserve Evidence before Litigation. Also, because the dispute over trademark ownership is still under trial in the Guangdong High Court, the Pudong court ruled to suspend the lawsuit.
Xie Xianghui, an attorney of Shenzhen Proview, said that Proview will further apply for "reconsideration".
details of the incident
In p>2, when Apple did not launch the iPad tablet, Proview Taipei Company, a subsidiary of Proview, registered the iPad trademark in several countries and regions respectively. In 21, Shenzhen Proview Technology Company, a subsidiary of Proview International, registered two categories of iPad trademarks in mainland China.
Event Comics
On December 23, 29, Yang Rongshan, CEO and Chairman of Proview International, authorized Mai Shihong to sign relevant agreements to transfer all the rights and interests of 1 trademarks to IP Application Development Co., Ltd. in the UK, including the trademark transfer agreement in mainland China. After the signing of the agreement, British IP Company paid Proview Taipei Company 35, pounds for all iPad trademarks, and then British IP Company transferred the ownership of the above 1 iPad trademarks to "Apple" for 1, pounds.
On February 17, 212, Huizhou Intermediate People's Court has ruled that local Apple distributors constitute infringement and prohibited them from selling products related to Apple iPad. This is the first time that a domestic court has found Apple's trademark infringement. The case of Shenzhen Proview suing Shenzhen Gome is also waiting for the verdict. [3]
On February 29th, 212, the second trial was held, and the result was not pronounced in court.
hearing ended
on February 22, 212, the Shanghai hearing of iPad trademark infringement case ended, and Proview asked Apple Shanghai Trading Co., Ltd. to stop selling. Apple believes that Proview iPad products have not entered the market, and the trademark rights are unstable, so it applies to ban the trial of this case. The trial lasted four hours.
Plaintiff Proview's demands include: asking Apple to stop selling products with the iPad trademark, removing the relevant signs of the storefront, destroying relevant publicity materials, publishing articles in the media to eliminate the influence, and compensating the litigation costs of 1, yuan.
one of the evidences presented by the defendant, Apple, was the approval form of the transfer agreement involving the key ipad trademark in Chinese mainland. Yang Rongshan, the person in charge of Shenzhen Proview, approved the word "quasi" on this form.
At present, the stage of giving evidence and cross-examination has been completed. The defendant Apple Trading (Shanghai) Co., Ltd. asked the court to reject the plaintiff's claim for "lock-up order" and terminate the trial of this case. [4]
Impact of the incident
Although Apple filed an appeal, many industrial and commercial departments across the country intervened in the investigation. In some areas, Apple stores and agents not only removed the iPad, but also faced an unknown fine.
Event result
On July 2, 214, according to the official disclosure of Guangdong Higher People's Court, Apple and Shenzhen Proview reached a settlement on the iPad trademark case, and Apple paid Shenzhen Proview Company 6 million US dollars. The mediation agreement in this case came into effect on June 25th. On June 28th, Apple applied to the Shenzhen Intermediate People's Court, the court of first instance of the case, for compulsory execution of the above-mentioned civil mediation. Today, Shenzhen Intermediate People's Court served the Trademark Office of the State Administration for Industry and Commerce with a ruling and a notice of assistance in the execution of the transfer of the IPAD trademark involved to Apple.
It is reported that on June 25th, Guangdong Higher People's Court served a civil conciliation statement to both parties, which came into effect. Recently, Apple has remitted 6 million US dollars to the account designated by the Guangdong Higher People's Court according to the requirements of the conciliation statement, and on June 28th, it applied to the Shenzhen Intermediate People's Court, the first instance court of the case, for compulsory execution of the civil conciliation statement mentioned above by Weibo, the Guangdong Higher People's Court. The Shenzhen Intermediate People's Court today served the Trademark Office of the State Administration for Industry and Commerce with a ruling and a notice of assistance in the execution of the transfer of the iPad trademark involved to Apple.
This means that Apple's dispute over the trademark ownership of iPad in Shenzhen Proview Company has been successfully resolved.
According to the Guangdong Higher People's Court, after the public hearing of the case on February 29th this year, the collegial panel handling the case believed that mediation was the best choice to maximize the interests of both parties to the dispute. At present, there are hundreds of creditors of Proview Company, and its biggest property valuation mainly focuses on the value of iPad trademark. Before the lawsuit, the trademark involved has been applied by several banks for waiting for sealing up. Once the value of the trademark is derogated, it will lead to greater losses for creditors.
Guangdong Higher People's Court said that it has met the reasonable demands of both parties to the greatest extent. According to industry insiders, the successful mediation in this case has maximized the value of the iPad trademark, greatly protected the rights and interests of creditors, and created a new path to resolve disputes over foreign-related trademark ownership. [5]
I wonder if it will help you. Hope to be adopted!