The legal action over the ‘iPad’ name is being taken to the next level by Proview as they seek to regain ‘worldwide rights’. Proview Electronics are suing Apple for alleged fraud and unfair competition, hoping that they can reclaim ownership after a 2009 sale of the name.
Proview, a Taiwanese maker of LED lights have hit the spotlight in recent weeks as they claimed that Apple have no legal right to use the iPad name in China. Proview have taken the battle a step further, filing a lawsuit in Santa Clara, California’s Superior Court.
As well as trying to cancel the sale of the trademark name, Proview are seeking compensation from Apple and a share of Apple’s profits from ‘alleged ‘unfair competition’ and an order for Apple to cease using the trademarks.
Proview have failed to seek an injunction with a Shanghai court against Apple to stop them selling the iPad in China. Many claim that the latest actions from Proview are to seek an out of court settlement from Apple.
Apple have yet to make a comment on the case, and have also not said if they would be willing to settle out of court. They say that Proview failed to transfer ownership of the mainlain Chinese iPad trademark as agreed in the 2009 deal they made.
USAToday added “Ma Dongxiao, a lawyer who is representing Proview in China but is not involved in the U.S. case, said Tuesday the dispute in China centers only on ownership and infringement of the iPad trademark, not on the validity of the 2009 deal.
In its release, Proview said its amended complaint in the U.S. case is meant to provide details of Apple’s alleged “fraudulent actions.”
“Among the many allegations in the U.S complaint are fraud by intentional misrepresentation, fraud by concealment, fraudulent inducement, and unfair competition,” Proview said.
If the 2009 deal is ruled void, iPad trademarks for the European Union, South Korea, Mexico, Singapore, Indonesia, Thailand, and Vietnam would revert back to Proview Taiwan, it said.”
Kitguru says: It seems Proview have a very small chance of success, however this could have huge ramifications for Apple in the long term if the 2009 sale is voided.