The saga between Apple and Proview continues. Now a court in Hong Kong has agreed with Apple that some evidence should be excluded in the case being examined there.
The reports filed by Proview in October didn’t comply with the court instructions so they are inadmissible, a
ccording to Shanghai Daily. Proview hasn’t decided whether to appeal.
Apple already won a court case on the issue in Hong Kong last year, when it was found that Proview and its subsidiaries had conspired against Apple in a scheme to extract more money from Apple.
The case between Proview and Apple has been ongoing since late 2011. The dispute is over the use of the trademark iPad.
In 2001, Proview registered for the trademarks “iPAD” and “IPAD” in China, which it later used to unsuccessfully launch its own tablet. In 2009, a Proview subsidiary in Taiwan sold the iPad trademark rights to a UK-based company called “IP Applications”. In 2010, the UK-based company then sold the trademark rights to Apple.
The problem is that even though Apple had signed a contract for the trademark rights, it had done so only through Proview’s Taiwan subsidiary. Proview’s Shenzhen-based company did not attend any trademark negotiations, nor did it formally transfer the trademark rights.
Bankrupt Proview has filed complaints against Apple in China and California. The Californian judge approved Apple’s motion to dismiss the suit. However, the Chinese court rejected Apple’s lawsuit, and that the contract is not legally binding, because Proview’s Shenzhen-based company did not attend any trademark negotiations, nor did it formally transfer the trademark rights.
The Chinese court ordered one of Apple’s venders to halt iPad sales in China following the trademark dispute.
The two sides have been encouraged to settle the dispute in China. However, reports indicate that Proview has turned down Apple’s £10m offer for iPad trademark (100 million Yuan). Proview is said to be asking for at least 400 million Yuan (£40 million) to settle the case.