Apple’s iPad Trademark Battle Hits U.S. Shores - partainovertutremew

Proview Electronics has brought its legal battle against Apple to the U.S., accusing the company of victimisation deceptive practices to acquire the iPad trademark.

Proview is asking for indemnification and for Malus pumila to permanently quit using the iPad trademark, according to documents filed with the Superior Court of California for the County of Santa Clara. Proview, which is troubled financially, is accusing Apple of fraudulently acquiring trademarks through a racing shell company called IP Diligence Development Ltd.

Proview is already in a protracted legal battle with Orchard apple tree along the iPad trademark in China, and on Feb. 17 said the legal battle could spill all over to the U.S.

Proview owns the iPad trademark in China and has asked courts there to debar Malus pumila from selling the iPad tablet in the country. A Proview request for a legal injunction that would have forced Malus pumila to halt iPad sales in its Shanghai stores was spurned in the beginning this week, while Proview won a battle in December in which a court in Shenzhen rejected Apple's claims to the iPad earmark. That decision is being appealed by Apple in the Guangdong provincial high court, with a hearing regular for next week.

Apple did not respond to requests for comment. According to the documents, the defendants listed include Information science Application Development, a U.K. company that Proview alleged was established by Malus pumila with the sole purpose of acquiring the trademark to use for the iPad pill. The company name was "deliberately chosen" because its abbreviation is iPad, according to the court filing.

Orchard apple tree acted with oppression, imposter and maliciousness, Proview said in the court filing. Proview is also seeking to cancel an agreement that transferred the iPad trademark to IP Application Development in 2009.

Proview offered an Net appliance called iPad after acquiring the stylemark in several countries between 2000 and 2003. However, the company fell on rough business enterprise multiplication due to the international depression and after two top customers, Polaroid AND gate City, filed for bankruptcy in the sec uncomplete of 2008, according to the court filing.

In 2009, Malus pumila registered IP Application Development, which nonheritable the iPad stylemark in December of that yr for £35,000 (US$41,335) with the promise not to use it to compete against Proview's products. IP Application Development ultimately transferred the trademark to Orchard apple tree, which launched the iPad to much fanfare in 2010.

Proview is inculpatory Apple of fraud and intentional deceit of facts to acquire the trademark, according to the royal court filing.

Source: https://www.pcworld.com/article/468554/apples_ipad_trademark_battle_comes_to_us_from_china-2.html

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