Apple pays Proview $60 million for Chinese iPad trade mark

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Apple pays Proview $60 million for Chinese iPad trade mark

Apple and Proview are to settle their dispute over the iPad trade mark in China for $60 million

Proview had originally sought $1.2 billion from the Californian company.

The Guangdong High People’s Court in Shenzhen announced that the two sides reached an agreement last week and that the mark is in the process of being transferred.

A company named IP Application Development initially bought from Proview what it believed to be the global rights to the iPad mark in 2006. IP Application Development assigned the mark to Apple, but when Apple tried to record the transfer, the China Trademark Office refused, on the grounds that it belonged to Proview.

Officials in China have already said that the mark is owned by Proview.

IP attorneys have been paying close attention to the case, saying that it raised a number of legal issues, including trade mark transfer, ostensible agency and contract law in China.

In an article published in Managing IP, Zhu Zhigang and Paul Ranjard of Wan Hui Da in Beijing said that for an assignee to receive a trade mark legally, there must be: (1) the signing of a contract, and (2) the approval of the contract by the Trademark Office and the publication of the assignment with the issuance of a new trade mark certificate.

An attorney for Proview told the Press Association that the financially troubled company had been looking for a settlement of about $400 million, but it felt pressure from its creditors.

“Proview owes Chinese banks 400 million”, said one attorney who spoke anonymously. “That means the banks are only going to get a fraction of what they are due.”

“It could have been a lot worse (for Apple),” he added.



more from across site and ros bottom lb

More from across our site

A UK government consultation on AI and copyright, a patent blow for Lenovo and a trademark row over cider were among the big talking points this week
Our most popular stories of the year included a rundown of the 50 most influential people in IP, our in-house ones to watch, and UPC news
Awards
It is time to submit nominations for the sixth annual Life Sciences Awards EMEA
Keejeong Kim, who returned to Yulchon after a four-year gap, said he was intrigued by the opportunity to work on neighbouring areas of law to IP
The IP consulting firm hopes to expand its services and outreach with the support of investors VSS Capital Partners and Century Equity Partners
This update includes a ruling from the Court of Appeal, a judgment of the Paris Local Division, news of upcoming hearings, and predictions for 2025
US counsel review the key copyright and trademark trends of 2024, including generative AI disputes and SCOTUS cases
If 2024 is anything to go by, the next 12 months could see more IP firms seek investment opportunities while IP lawyers are increasingly likely to work alongside other functions
Practitioners reflect on the impact of USPTO guidance, as well as PTAB and litigation trends
We discuss Managing IP’s 50 most influential people in IP list and look back on the biggest talking points in the last month
Gift this article