Apple's legal letter misleads public: Shenzhen Proview

A SHENZHEN firm involved in an iPad trademark dispute said a legal letter from Apple Inc. misleads the public.

Apple’s lawyers sent the letter this week to Proview chairman Yang Rongshan, threatening to sue the company over defamation and damages caused by Proview’s statements at a Beijing press conference Friday. Proview said at the conference that it intended to sue Apple in a U.S. court, possibly within a month, for alleged violations of a 2009 agreement involving the iPad trademark.

Apple’s letter is the latest salvo in an increasingly heated legal exchange between Proview and the U.S. technology giant, and Proview appears poised to return fire.

"Apple did not provide any new evidence to prove itself in this week's warning and Proview also will send out a warning to Apple soon,” said Li Su, representing Proview Technology (Shenzhen).

Throughout the trademark dispute, Proview Shenzhen has asserted IP Application Development bought the iPad trademark in 2009 from Taiwan-based Proview Electronics, then sold it to Apple.

According to Proview Shenzhen, that sale did not give Apple rights to the iPad trademark on the Chinese mainland. Apple disagrees and says Proview Shenzhen was aware of the full transfer of trademark rights when the sale occurred.

Apple's letter, according to the Financial Times, claims that Yang personally knew of the authorized transfer of the iPad trademark and made "false and misleading statements"by claiming Proview Shenzhen was not aware of the sale.

The letter went on to say “making misinterpretations in the press to inflame the situation is adversely affecting the interests of the parties in seeking any resolution of the matter."

Apple cites additional details in the letter to strengthen its claim. For example, the letter states that all Proview employees who initially negotiated with Apple about the trademark sale were from Proview Shenzhen, and Mai Shihong, director of Proview Shenzhen’s legal affairs department, signed at least one document related to the transfer agreement.

So far, Chinese customs has chosen not to get involved in the dispute, despite Proview’s request for a ban on imports and exports of iPad tablets on the mainland. Customs authorities told Proview that such a ban would be extremely difficult to impose because of “the sheer size of the market.”

But Proview Shenzhen said Tuesday that Apple should provide more evidence and facts to support its response. Li also said in his statement that although a Hong Kong court banned Proview from using or selling the iPad trademark in June 2010, that ruling did not mean the trademark belonged to Apple.

Meanwhile, Shanghai Pudong New Zone People’s Court began hearing yesterday a case brought by Proview seeking to halt the sale of iPads in Shanghai. Lawyers have said a judgment is not expected for a few months and that Apple would have the option to appeal should it lose.

Proview’s lawyers said Friday it had won a lawsuit in Huizhou against a retailer selling iPads, boding well for its case in Shanghai. 

SOURCE: Shenzhen Daily