iPad prohibition or not

After Apple Apple's iPad trademark was found to have been lost by the court in the first instance, Apple chose to continue appealing. However, at the time of the second instance trial, the collision between Shenzhen Proview and Apple continued.

Today is the deadline for the ban. In recent days, Shenzhen Proview has applied to the Shanghai Pudong New District Court for an order to ban sales and demanded that products bearing the Apple iPad trademark be banned in the Shanghai area. According to the relevant regulations, the ban will be issued as soon as possible after 48 hours, which is the deadline for the court to decide whether to issue the ban today.

“The prohibition order is a way to prevent infringers from continuing to infringe during the lawsuit. It is certain that we have the conditions for proposing a ban.” Shenzhen Proview’s attorney Xie Xianghui told the Express reporter yesterday because of the ban. The sale of the Apple iPad has a significant impact, and the lawsuits of Apple and Proview in the Guangdong Provincial High Court are in progress. The courts and the industrial and commercial departments in other places will consider this situation. Therefore, the court has not fully grasped the approval of the issuance of the ban.

Xie Xianghui said that if the court fails to issue a ban on sales orders, Shenzhen Proview will urge the court to make a ruling on Apple’s case against Apple for infringement of trademark rights. It is reported that Shenzhen Proview has filed a complaint of trademark infringement with the Shanghai Pudong Court and is scheduled to hold a hearing on February 22.

Apple sued Shenzhen Proview defeated in first instance It is understood that before Apple introduced i-Pad in 2010, it did not use the iPad logo. As early as 2000, Proview International has registered iPad trademarks in many countries and regions. In 2009, Apple introduced the iPad to the market and acquired the Taipei Global Crown iPad trademark for 35,000 pounds. However, the ownership of the Continental iPad trademark is not in Taipei's Proview, but it belongs to Shenzhen Proview. Shenzhen Proview believes that Apple did not reach a consensus with the iPad to enter the mainland market, resulting in disputes between the two sides.

The previous year, Apple sued Shenzhen Proview for iPad trademark rights, demanded that the court rule that "iPad" trademark right belongs to it, and claimed Shenzhen Gongguan the loss of 4 million yuan for trademark ownership investigation fees and legal fees. The case was accepted on April 19, 2010, and the case was heard three times on February 23, August 21, and October 18, 2011. However, after more than a year of litigation, Apple lost the case. Apple subsequently expressed dissatisfaction with the first instance and appealed to the Guangdong Provincial High Court.

According to Xie Xianghui’s introduction, the second instance is currently in the stage of court scheduling. “According to common practice, the second instance will generally make a judgment within three months, but due to the greater impact of this incident, it is estimated that the court will appropriately extend the time for the lawsuit.”

Some legal people believe that the key to the whole case lies in the fact that the Guangdong High Court is in the process of affirmative action. If Apple still loses the lawsuit in the second instance, Apple will be in a relatively unfavorable position in other related lawsuits. The worst result is that Apple must obtain Proview's permission to sell the iPad in the Mainland and face huge claims.