(Reuters) - The Asian firm trying to stop Apple Inc from using the iPad name has now launched an attack on the consumer electronics giant's home turf, filing a lawsuit in California that accuses the iPhone-maker of employing deception when it bought the "iPad" trademark.
Proview International Holdings Ltd <0334.HK>, a major computer monitor maker that fell on hard times during the economic crisis, is already suing the U.S. company in multiple Chinese jurisdictions and requesting that sales of iPads be suspended across the country.
Last week, it filed a lawsuit in Santa Clara County that brings their legal dispute to Silicon Valley as well. Proview accuses Apple of creating a "special purpose" entity - IP Application Development Ltd, or IPAD - to buy the iPad name from it, concealing Apple's role in the matter.
In its filing, Proview outlined how lawyers for IPAD repeatedly said it would not be competing with the Chinese firm, and refused to say why they needed the trademark.
Those representations were made "with the intent to defraud and induce the plaintiffs to enter into the agreement," Proview said in the filing dated February 17, requesting an unspecified amount of damages.
Apple, which has said Proview is refusing to honor a years-old agreement, did not respond to requests for comment on Thursday.
The battle between a little-known Asian company and the world's most valuable technology corporation dates back to a disagreement over precisely what was covered in a deal for the transfer of the iPad trademark to Apple in 2009.
Authorities in several Chinese cities have already seized iPads, citing the legal dispute.
Proview, which maintains it holds the iPad trademark in China, has been suing Apple in various jurisdictions in the country for trademark infringement, while also using the courts to get retailers in some smaller cities to stop selling the tablet PCs.
China is becoming an increasingly pivotal market for Apple, which sold more than 15 million iPads worldwide in the last quarter alone and is trying to expand its business in the world's No. 2 economy to sustain its rip-roaring pace of growth.
The country is also where the majority of its iPhones and iPads are now assembled, in partnership with Foxconn.
A Shanghai court this week threw out Proview's request to halt iPad sales in the city, averting an embarrassing suspension at its own flagship stores. But the outcome of the broader dispute hinges on a hearing of the higher court in Guangdong, which earlier ruled in Proview's favor.
The next hearing in that case is set for February 29.
(Reporting By Edwin Chan; Editing by Gary Hill)
Source:
http://goo.gl/AX4mr
Showing posts with label Apple. Show all posts
Showing posts with label Apple. Show all posts
Thursday, February 23, 2012
Apple's China legal battle over iPad spreads to U.S
REUTERS - The Asian firm trying to stop Apple Inc from using the iPad name in China has launched an attack on the consumer electronics giant's home turf, filing a lawsuit in California that accuses the iPhone-maker of employing deception when it bought the "iPad" trademark.
A unit of Proview International Holdings Ltd, a major computer monitor maker that fell on hard times during the economic crisis, is already suing the U.S. company in multiple Chinese jurisdictions and requesting that sales of iPads be suspended across the country.
Last week, units Proview Electronics Co Ltd and Proview Technology Co filed a lawsuit in Santa Clara County that brings their legal dispute to Silicon Valley.
Proview accuses Apple of creating a "special purpose" entity - IP Application Development Ltd, or IPAD - to buy the iPad name from it, concealing Apple's role in the matter.
In its filing, Proview alleged lawyers for IPAD repeatedly said it would not be competing with the Chinese firm, and refused to say why they needed the trademark.
Those representations were made "with the intent to defraud and induce the plaintiffs to enter into the agreement," Proview said in the filing dated February 17, requesting an unspecified amount of damages.
Apple, which has said Proview is refusing to honor a years-old agreement, did not respond to requests for comment on Thursday.
The battle between a little-known Asian company and the world's most valuable technology corporation dates back to a disagreement over precisely what was covered in a deal for the transfer of the iPad trademark to Apple in 2009.
Authorities in several Chinese cities have already seized iPads, citing the legal dispute.
Proview, which maintains it holds the iPad trademark in China, has been suing Apple in various jurisdictions in the country for trademark infringement, while also using the courts to get retailers in some smaller cities to stop selling the tablet PCs.
China is becoming an increasingly pivotal market for Apple, which sold more than 15 million iPads worldwide in the last quarter alone and is trying to expand its business in the world's No. 2 economy to sustain its rip-roaring pace of growth.
The country is also where the majority of its iPhones and iPads are now assembled, in partnership with Foxconn.
A Shanghai court this week threw out Proview's request to halt iPad sales in the city. But the outcome of the broader dispute hinges on a higher court in Guangdong, which earlier ruled in Proview's favor.
The next hearing in that case is set for February 29.
China's trademark system is a minefield of murky rules and opportunistic "trademark squatters" that even the world's biggest companies and their highly-paid lawyers find hard to navigate.
Legal experts say the onus is on companies looking to do business in China to understand how China's trademark law works, as it differs greatly from that of the United States.
Industry executives have said employing special-purpose entities to acquire trademarks is a frequent tactic in China.
(Reporting By Edwin Chan; Editing by Michael Urquhart)
Source:
http://goo.gl/HzBlN
A unit of Proview International Holdings Ltd, a major computer monitor maker that fell on hard times during the economic crisis, is already suing the U.S. company in multiple Chinese jurisdictions and requesting that sales of iPads be suspended across the country.
Last week, units Proview Electronics Co Ltd and Proview Technology Co filed a lawsuit in Santa Clara County that brings their legal dispute to Silicon Valley.
Proview accuses Apple of creating a "special purpose" entity - IP Application Development Ltd, or IPAD - to buy the iPad name from it, concealing Apple's role in the matter.
In its filing, Proview alleged lawyers for IPAD repeatedly said it would not be competing with the Chinese firm, and refused to say why they needed the trademark.
Those representations were made "with the intent to defraud and induce the plaintiffs to enter into the agreement," Proview said in the filing dated February 17, requesting an unspecified amount of damages.
Apple, which has said Proview is refusing to honor a years-old agreement, did not respond to requests for comment on Thursday.
The battle between a little-known Asian company and the world's most valuable technology corporation dates back to a disagreement over precisely what was covered in a deal for the transfer of the iPad trademark to Apple in 2009.
Authorities in several Chinese cities have already seized iPads, citing the legal dispute.
Proview, which maintains it holds the iPad trademark in China, has been suing Apple in various jurisdictions in the country for trademark infringement, while also using the courts to get retailers in some smaller cities to stop selling the tablet PCs.
China is becoming an increasingly pivotal market for Apple, which sold more than 15 million iPads worldwide in the last quarter alone and is trying to expand its business in the world's No. 2 economy to sustain its rip-roaring pace of growth.
The country is also where the majority of its iPhones and iPads are now assembled, in partnership with Foxconn.
A Shanghai court this week threw out Proview's request to halt iPad sales in the city. But the outcome of the broader dispute hinges on a higher court in Guangdong, which earlier ruled in Proview's favor.
The next hearing in that case is set for February 29.
China's trademark system is a minefield of murky rules and opportunistic "trademark squatters" that even the world's biggest companies and their highly-paid lawyers find hard to navigate.
Legal experts say the onus is on companies looking to do business in China to understand how China's trademark law works, as it differs greatly from that of the United States.
Industry executives have said employing special-purpose entities to acquire trademarks is a frequent tactic in China.
(Reporting By Edwin Chan; Editing by Michael Urquhart)
Source:
http://goo.gl/HzBlN
Apple, Google, Amazon, smart phone makers sign privacy accord
SAN FRANCISCO (Reuters) - Six of the world's top consumer technology firms have agreed to provide greater privacy disclosures before users download applications in order to protect the personal data of millions of consumers, California's attorney general said on Wednesday.
The agreement binds Amazon, Apple, Google, Microsoft, Research In Motion, and Hewlett-Packard -- and developers on their platforms -- to disclose how they use private data before an app may be downloaded, Attorney General Kamala D. Harris said.
"Your personal privacy should not be the cost of using mobile apps, but all too often it is," said Harris.
Currently 22 of the 30 most downloaded apps do not have privacy notices, said Harris. Some downloaded apps also download a consumer's contact book.
Google said in a statement that under the California agreement, Android users will have "even more ways to make informed decisions when it comes to their privacy".
Apple confirmed the agreement but did not elaborate.
Harris was also among U.S. state lawmakers who on Wednesday signed a letter to Google CEO Larry Page to express "serious concerns" over the web giant's recent decision to consolidate its privacy policy.
The policy change would give Google access to user information across its products, such as GMail and Google Plus, without the proper ability for consumers to opt out, said the 36 U.S. attorneys general in their letter.
EU authorities have asked Google to halt the policy change until regulators can investigate the matter.
CAN AND WILL SUE
California's 2004 Online Privacy Protection Act requires privacy disclosures, but Harris said few mobile developers had paid attention to the law in recent years because of confusion over whether it applied to mobile apps.
"Most mobile apps make no effort to inform users about how personal information is used," Harris said at a press conference in San Francisco. "The consumer should be informed of what they are giving up".
The six companies will meet the attorney general in six months to assess compliance among their developers. But Harris acknowledged "there is no clear timeline" to begin enforcement.
The attorney general repeatedly raised the possibility of litigation at some future time under California's unfair competition and false advertising laws if developers continue to publish apps without privacy notices.
"We can sue and we will sue," she said, adding that she hoped the industry would act "in good faith."
There are nearly 600,000 applications for sale in the Apple App Store and 400,000 for sale in Google's Android Market, and consumers have downloaded more than 35 billion, said Harris.
There are also more than 50,000 individual developers who have created the mobile apps currently available for download on the leading platforms, she said.
These figures are expected to grow. She said an estimated 98 billion mobile applications will be downloaded by 2015, and the $6.8 billion market for mobile applications is expected to grow to $25 billion within four years.
(Reporting By Gerry Shih; Editing by Carol Bishopric and Michael Perry)
Source:
http://goo.gl/JIJqI
The agreement binds Amazon, Apple, Google, Microsoft, Research In Motion, and Hewlett-Packard -- and developers on their platforms -- to disclose how they use private data before an app may be downloaded, Attorney General Kamala D. Harris said.
"Your personal privacy should not be the cost of using mobile apps, but all too often it is," said Harris.
Currently 22 of the 30 most downloaded apps do not have privacy notices, said Harris. Some downloaded apps also download a consumer's contact book.
Google said in a statement that under the California agreement, Android users will have "even more ways to make informed decisions when it comes to their privacy".
Apple confirmed the agreement but did not elaborate.
Harris was also among U.S. state lawmakers who on Wednesday signed a letter to Google CEO Larry Page to express "serious concerns" over the web giant's recent decision to consolidate its privacy policy.
The policy change would give Google access to user information across its products, such as GMail and Google Plus, without the proper ability for consumers to opt out, said the 36 U.S. attorneys general in their letter.
EU authorities have asked Google to halt the policy change until regulators can investigate the matter.
CAN AND WILL SUE
California's 2004 Online Privacy Protection Act requires privacy disclosures, but Harris said few mobile developers had paid attention to the law in recent years because of confusion over whether it applied to mobile apps.
"Most mobile apps make no effort to inform users about how personal information is used," Harris said at a press conference in San Francisco. "The consumer should be informed of what they are giving up".
The six companies will meet the attorney general in six months to assess compliance among their developers. But Harris acknowledged "there is no clear timeline" to begin enforcement.
The attorney general repeatedly raised the possibility of litigation at some future time under California's unfair competition and false advertising laws if developers continue to publish apps without privacy notices.
"We can sue and we will sue," she said, adding that she hoped the industry would act "in good faith."
There are nearly 600,000 applications for sale in the Apple App Store and 400,000 for sale in Google's Android Market, and consumers have downloaded more than 35 billion, said Harris.
There are also more than 50,000 individual developers who have created the mobile apps currently available for download on the leading platforms, she said.
These figures are expected to grow. She said an estimated 98 billion mobile applications will be downloaded by 2015, and the $6.8 billion market for mobile applications is expected to grow to $25 billion within four years.
(Reporting By Gerry Shih; Editing by Carol Bishopric and Michael Perry)
Source:
http://goo.gl/JIJqI
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