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Proview's own lawyers attempt to block iPad name transfer
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MacNN Staff
Join Date: Jul 2012
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Although Apple's legal battle for the iPad trademark in mainland China is over, the entire fight may not be complete. Bankrupt computer monitor manufacturer Proview has yet to pay the Grandall Law Firm that helped negotiate the $60 million settlement with Apple for the iPad name. As previously reported, Grandall is suing Proview and is also pushing to block the intellectual property transfer to Apple, attempting to force Proview (or potentially Apple) to pay its legal fees before the multitude of creditors demanding money from Proview are paid. Proview founder Yang Rongshan characterized the lawsuit as "nonsense." He claimed that Proview should not be bound by its contract with Grandall, as the company is not currently under "normal operations."
Earlier this week, Grandall filed an asset protection application to the Shenzhen Yantian District People's Court asking to claim the iPad name before its transfer to Apple. Apple has already paid Proview directly, and sales of the current-generation iPad have already begun, so any gains by Grandall from Proview are unclear.
In November a Chinese court ruled in Proview's favor stating that Proview's Shenzen division was the actual owner of the trademark, but had not been represented in Apple's deal with Proview's Taiwanese division at the time. Proview also initiated a lawsuit in the US, arguing that, had the company known that Apple was behind the shell company IPADL that made the original deal, it would never have signed the rights over for the $55,000 price it agreed to.
Until the announcement that Apple had settled with Proview, both parties had been in mediation talks for several weeks with both trying to avoid a court ruling. The $60 million figure happens to be close the amount owed by Proview to its creditors as it seeks to stave off bankruptcy.
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Mac Enthusiast
Join Date: Sep 1999
Location: Arcadia, CA USA
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This is the same as what would happen if you set foot on China's soil. All sorts of distant cousins will come forward to share a piece of pie. Many Chinese natives were stripped naked after they visit from overseas.
The sweet taste of capitalism.
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Fresh-Faced Recruit
Join Date: Jul 2009
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Dont you just love it when a bunch of fk'n lawyers get fk'd! And it really shows what a scumbag proview's owner is.
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Forum Regular
Join Date: Aug 2008
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Let's see. Apple has to pay for fight a legal team to transfer control of a patent from a company and then pay the legal team they were fighting? The Chinese court system must be modeled after the UK. I suppose it's too late to force Apple to advertise for ProView.
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Fresh-Faced Recruit
Join Date: Aug 2006
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And the loser's lawyers want the court to essentially undo that loss because their client didn't pay them? That would be a nice trick. Wonder if that would work in a criminal case too?
"Excuse me judge, I'm Jerry Sandusky's attorney and he hasn't paid me, so can you set aside those guilty verdicts so I'm more likely to get paid?"
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Mac Enthusiast
Join Date: Sep 1999
Location: Arcadia, CA USA
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Let's buy a ton of Vaseline or WD40. Well, maybe not. They should do it without jiffylube.
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Fresh-Faced Recruit
Join Date: Feb 2005
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And the lawyers never saw this coming? It's amazing they won the case for this corrupt company at all!
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Junior Member
Join Date: Nov 2011
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China has now achieved legal wrangling parity with the US. Human rights aside, it appears the Chinese and US legal professions are indistinguishable. The greatest cultural revolution of all.
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Posting Junkie
Join Date: Mar 2004
Location: UK
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Surely those lawyers must be risking a suit from Apple?
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I have plenty of more important things to do, if only I could bring myself to do them....
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