Eye on IP
Vol. No. 2012
Tuesday, May 29, 2012
Update: Apple Prevails in California iPad Trademark Lawsuit
Apple Inc. has won at least one round of its trademark battle against Proview Electronics Inc. As we have been discussing on this IP blog, the two companies are fighting over the rights to the iPad trademark in China, with lawsuits pending in both countries.
Here in the U.S., a California judge recently dismissed Proview's trademark infringement lawsuit. Proview had asked for damages as well as an injunction to force Apple to permanently stop using the iPad trademark in China. The company claims Apple deceived it when Proview assigned over the rights to the trademarks in 2009.
In its motion to dismiss, Apple argued that the parties had agreed to settle any legal disagreements in Hong Kong. Judge Mark Pierce in the Superior Court of the State of California agreed, writing that Proview failed to provide evidence that the selection of Hong Kong was "unreasonable or unfair," according to the order. Lawyers for Proview indicated they planned to appeal the dismissal.
In China, the court has urged Apple and Proview to work out their differences and reach a monetary settlement. As noted by the Wall Street Journal, the case is one of the highest profile IP disputes with a foreign company in Chinese history.
How Can We Help?
As this case highlights, it can be more difficult to protect trademarks and other IP rights overseas. Therefore, it is imperative to consult with an attorney experienced in foreign intellectual property concerns.
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