Apple defends rights to iPad name in Shanghai court

Shenzhen Proview Technology's lawyer Xie Xianghui argued that the sale of the iPad trademark to Apple Inc. by Proview's Taiwan affiliate in 2009 was invalid.

“Apple has no right to sell iPads under that name,” Xie said. Apple countered that Proview violated the sales contract by failing to transfer the trademark rights in mainland China.

It also contends that the Chinese LCD maker has not marketed or sold its own “IPAD,” or Internet Personal Access Device for years, thus possibly invalidating its claim to the trademark.

The hearing adjourned after a fractious four-hour session which saw the judge repeatedly admonishing both sides to observe proper court protocol as they argued across the courtroom. No date was announced for a judgment or further hearings.

Proview is suing to stop Apple selling the iPad in China under that name. It has also asked commercial authorities in many cities to stop sales of the device. So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level.

Ma Dongxiao, another Proview lawyer, said after the hearing that the company plans to file lawsuits against Apple in more cities.

As evidence in court, Proview presented a flat, thin computer packed in a cardboard box that it said is its “IPAD.”

The company's lawyers argued the success of the iPad had prevented Proview's product from succeeding in China. Apple's side noted that the iPad only began selling in 2010, long after Proview launched its product in 2000.

Apple's attorneys said that stopping iPad sales in China would cause the company huge losses. The tablet's popularity has benefited China through tax revenues and jobs created in its manufacturing, they said.

“They have no market, no sales, no customers. They have nothing,” Apple lawyer Qu Miao said of Proview. “The iPad is so popular that it is in short supply. We have to consider the public good.”

That, Xie said, is irrelevant.

“Whether people will go hungry because you can't sell iPads in China is not the issue,” he said. “The court must rule according to the law. Do you absolutely have to sell the product? Can't you sell it using a different name?”

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