On The Case Of Shenzhen Proview Technology Co. V.Apple Inc About IPad Trademark Infringement

Shenzhen Intermediate People’s Court rejected the request of Apple Inc whichwants to ask for iPad trademark from Proview Technology (Shenzhen) Co inDecember7th2011.In the second trial the two sides have reached a settlement of60million US dollars to end the lawsuit.Trademark infringement is a high frequency violations, In the past, it’s usual thatour country’s enterprises infringe oversea companies’ well-known trademarks andbrands, but in this case, the Apple Inc had infringed Shenzhen Proview Technology’siPad trademark which caused a stir in the intellectual property field.In this case, there are three focus of controversy. First, in this transaction, whetherthe Taiwan Proview Technology Co could apply the system of apparent agency todispose the Shenzhen Proview Technology Co’s trademark right. Second, whether theShenzhen Proview Technology Co applied the iPad ban order which was dismissedcompliance with the law. Third, the relationship between the iPad’s trademark andgoodwill. Through the analyzing, we can see that although the court makes a verdictto confirm the Shenzhen Proview Technology Co owns the iPad trademark in China infirst trial, we can not ignore the facts that the Apple Inc creates the value of iPadtrademark. In different areas the different subjects may have the same trademark insame or similar goods, under this situation, the trademark owner and the trademarkvalue creator may not be the same subject and conflict seems inevitable, whichrequires us to resolve the conflict with the principle of balance of interests.Meanwhile the Shenzhen Proview Technology Co applied iPad ban order was rejected,although the rejection was compliance with law, there is a big possibility ofinfringement occurred only because of long term lawsuit that leads the oblige has tobear more rights violations which is unfair. So it’s very important for oblige to choosethe right timing to protect rights and to do the prior survey. Shenzhen ProviewTechnology Co sued the Apple Inc when the new iPad is going to sell on the market,the good timing makes the Shenzhen Proview Technology Co reached its desire toobtain financial compensation successfully.