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.
We have developed long-standing, close relationships with firms and experts worldwide to enable us to offer our clients in-depth experience in foreign law. Contact us today by phone or email to schedule your free 30-minute consultation.
At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge - and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.
Contact our knowledgeable intellectual property attorneys today TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) or email us at tri@usip.com to find out how we can provide powerful protection for your unique ideas.
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