Chinese firm takes its battle over the iPad name to California
The Chinese firm trying to stop Apple from using the iPad name in China has taken the battle to Apple's home court in California.
iPad battle moves to California
Proview Electronics has filed a lawsuit in Santa Clara county claiming Apple used deception when it bought the trademark by refusing to say what its purpose was.
Proview , a computer monitor maker badly hit in the worldwide financial crisis, is already suing Apple in various Chinese cities, demanding that sales of iPads be stopped across the country. Its own computer with the nameiPADis no longer being made.
The report in the San Jose Mercury News reveals for the first time the root of the the Proview claim.
The Chinese firm claims Apple created a special purpose entity -- a British firm called IP Application Development, or IPAD -- to buy the iPad name from Proview for £35,000. Apple's role was allegedly concealed and the trademark was later transferred to the US company for £10.
In its US claim , Proview alleged lawyers for IPAD repeatedly said it would not be competing with them, and refused to say why they needed the trademark.
Those representations were made "with the intent to defraud and induce the the plaintiffs to enter into the agreement," says Proview. The Chinese firm is seeking an unspecified amount of damages.
Apple says it bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. But it said Proview had refused to honour their agreement and a Hong Kong court had sided with Apple .
"Our case is still pending in mainland China," Apple said.
Legal experts believe an out-of-court settlement could be on the cards . Proview has indicated its willingness to talk. It has until the middle of the year to avoid being delisted in Hong Kong, said the MercuryNews.