In April 4, 2010, Apple and its associated company IP Application Development brought a lawsuit against Proview Technology (Shenzhen) Co., Ltd ("Proview Technology") before Shenzhen Intermediate People's Court. In the lawsuit, Apple claimed:
- Apple should be the legitimate trademark holder of the IPAD mark under No. 1590557 and iPAD mark under No. 1682310; and
- Proview Technology should compensate Apple for the loss of RMB 4,000,000 for conducting investigation and legal fees in connection with the iPad case.
After examination, the court concluded that Apple should pay more attention when it wishes to acquire trademark rights of the said marks through transfer. The Assignment Agreement is signed between IP Application Development and Proview Electronics Co., Ltd ("Proview Electronics") while the registered owner of the said two marks is Proview Technology. Proview Electronics and Proview Technology are different legal entities and the Agreement is not binding on Proview Technology. Also, the "agency by estoppel" doctrine does not apply to this case. Based on the above, the court refused all claims made by Apple and IP.
As of the writing of this article, it is not clear whether Apple intends to appeal to the higher court
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