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Ban Sought on Apple’s iPad

A company in China has asked custom officials on Tuesday to ban the exports and imports of Apple’s iPads.  The reason for requesting this ban is due to the trademark ownership dispute.  All of the iPads from Apple are made in China.  This ban request could very will affect the sales globally of this tablet computer if authorities agree to enforce the ban,  Besides Apple, the other company involved in the ban dispute is Shenzhen Proview Technology.

Shenzhen Proview Technology has already won one court ruling which states that they own the trademark name in China.  Because of this win, the authorities have gone to one city and seized the iPads from a retailer.  The company is asking that they also enforced in thirty other cities.

According to Shenzhen Proview Technology, they are working on requesting that the China Customs to seize and ban all of the import-export of all iPad products which have violated the iPad trademark.  Apple is based in California and is defending their rights to own the trademark name.

In there defense, Apple is stating that they bought the rights worldwide to the trademark in ten various countries many years ago and now the Shenzhen Proview Technology is refusing to honor the agreement.  At this time, China is Apple’s quickest growing market.  The iPad and iPhone are made by a contractor at manufacturing factories in the China.

According to records, the trademark iPad was registered in 2001 in China by Shenzhen Proview Technology.  Apple then bought the rights from a company from Taiwan that is affiliated with Shenzhen Proview Technology in 2009 called Proview Taipei.  In spite of this knowledge the main company still says that they own the right to the trademark named.  Last year in a court in China, Apple’s claim that Shenzhen Proview Technology was violating their rights was rejected but they have filed an appeal, which is pending.  The claim was rejected because the court stated that Shenzhen Proview Technology is not bound by the agreement.

Under Chinese rules, it is allowed for the owners of the trademark to seize the products that violate the company’s rights.  These rules were put into play partly in regards to pressure to stop the copying of unlicensed things like foreign music, designer clothes, moves, etc.  Under the rules, the iPads can be taken to prevent manufactures in China from exporting copies that are not licensed to other markets.

According to news reports from China, Shenzhen Proview Technology is deeply in debt and needs from Apple that large settlement but at this time the company has not made any type of offer to settle with Apple.  Apple may be able to sue the company in Taiwan that they bought the rights from on grounds for selling names rights that it did not own but even if they won that suit Apple would still not have the legal rights to the trademark name in China.

At this time it is a wait-and-see game as to who is going to win the right to the trademark name iPad on the mainland.

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