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Apple To Pay $60 Million Over iPad Trademark Dispute

tekgoblin writes "Today a Chinese court has stated Apple, Inc. has agreed to pay a Chinese company $60 Million dollars to settle their infamous iPad name dispute. In 2006 Apple purchased the Taiwanese rights to the name 'iPad' from the company Proview Electronics. In China however, the trademarked name was still owned by Proview Technologies, a Shenzhen based subsidiary of Proview Electronics. Since 2011, Proview Technologies has battled Apple in the Xicheng district court and in 2012 the Santa Clara Superior Court. Both cases are still ongoing."

33 of 120 comments (clear)

  1. The price of business in China. by CountBrass · · Score: 5, Insightful

    US companies are forbidden by law to pay bribes so they have to go about it a round about way.

    This is just the price of doing business in China.

    --
    Bad analogies are like waxing a monkey with a rainbow.
    1. Re:The price of business in China. by Kenja · · Score: 5, Interesting

      China protects its companies (many of which are at least partially state owned). The US does not. One of the reasons so much manufacturing is done in China is because that's the only way to sell there. China puts high import taxes on goods made elsewhere, while the US does not. So if a company wants to sell their product in China they can only do so in a cost effective way by making said product there. If the US matches Chinas tarifs things would be very different.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:The price of business in China. by 0100010001010011 · · Score: 2

      Not just that you can't sell 'directly' there. Your company can make a joint venture with the government and sell that product.

    3. Re:The price of business in China. by SlowGenius · · Score: 2

      Good point. Now that SCOTUS has determined that corporations are really people, coporations presumably have the same rights as rich people to bribe with impunity.

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      Listen to what I say, not what I mean...
    4. Re:The price of business in China. by vlm · · Score: 4, Insightful

      US companies are forbidden by law to pay bribes so they have to go about it a round about way.

      Oh spare me. Its called hiring an onsite expediter, not all this legal foolishness. Sometimes you have to hire a whole team of expediters. All above board, income taxes paid and everything. Amazing how nothing happens over there until you "hire" an "expediter" and then magically everything works. Sometimes they're called "inspectors". There's a whole culture organized around it.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    5. Re:The price of business in China. by Nerdfest · · Score: 5, Insightful

      The US does not protect its companies? Have you seen the way copyright protections are headed? They're not for the people.

    6. Re:The price of business in China. by k(wi)r(kipedia) · · Score: 4, Interesting

      China protects its companies (many of which are at least partially state owned). The US does not. One of the reasons so much manufacturing is done in China is because that's the only way to sell there.

      This I think reflects more the failure of laissez faire capitalism. Capitalism without controls or government intervention only works if everybody plays fair. And it's not just tariffs. China's labor laws are less strictly enforced than in most First World countries. Of course these two reasons by themselves cannot account for China's popularity over, say, India as a manufacturing hub. I suspect China's advantage is that it's easier for a corporation to do business with what is effectively another large corporation.

    7. Re:The price of business in China. by clarkkent09 · · Score: 3, Insightful

      Ah, the old protectionism. That boat has sailed a long time ago and free traders have won. Get used to it.

      Btw, the USA is 4th in the world in the standard of living (HDI rankings), China is 101st. Our per capita GDP is around $50K, China's is about $8K. Why do you think their way of doing things is better?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    8. Re:The price of business in China. by teg · · Score: 2

      China protects its companies (many of which are at least partially state owned). The US does not.

      Sure it doesn't.

    9. Re:The price of business in China. by catmistake · · Score: 2

      That's not what's happening here. Proview is in bankruptcy... and was seeking a windfall to save the company. Apple was generous to even go to court with them. Had Apple waited another year, maybe Proview would be no more, and Apple could have used the name in the Chinese market without dispute. Here, FWIW, is their product. The Proview iPAD is not a tablet computer but a 800x600px 15" CRT-based 256Mhz AIO Linux desktop w/ 32MB RAM and a 16GB HDD... maybe its just me but I think it looks all too familiar. At any rate, I don't think Apple's iPad was competing with it nor putting their sales at risk. Hopefully this sheckle Apple has thrown to Proview allows them to restructure and stay in business.

    10. Re:The price of business in China. by TankSpanker04 · · Score: 2

      If the US matches Chinas tarifs things would be very different.

      Indeed, because we would likely be at war with China over it. Tensions flare up every time China senses even a hint of U.S. tariffs on Chinese goods that aren't a result of an ongoing dispute (e.g. solar panels). Frankly I'm surprised the U.S. govt doesn't have bigger balls when it comes to growing trade deficit with China.

    11. Re:The price of business in China. by fnj · · Score: 2

      You don't see a problem with paying them to industrialize on a breathtaking scale while we completely demolish our own industrial base? What do you think is going to happen when the prices they charge us skyrocket and we don't have anyone stupid enough to finance rebuilding our own industrial base?

    12. Re:The price of business in China. by oh_my_080980980 · · Score: 2

      He's from the Heritage foundation and consequently doesn't know what capitalism is....

    13. Re:The price of business in China. by fnj · · Score: 2

      I must admit that's a novel form of contrary reasoning.

      China's industrial expansion is paid for by consumers in the US and other countries sending a lot of currency to China in return for goods. To think otherwise is just fantasy.

      The destruction of our industrial base is our own doing, by offshoring all the manufacturing, and by simply buying instead of manufacturing.

      The rising prices of the imported goods is not some nefarious scheme by evil foreigners; rather a blatantly obvious consequence of a rising standard of living in China as their economy grows to dwarf our own.

      I really shouldn't have to explain this stuff. It's obvious as hell to anybody who isn't blinded by propaganda.

    14. Re:The price of business in China. by Archangel+Michael · · Score: 2

      You seem to not understand what "we" actually mean. Short sighted corporations are not "we" Americans. The Corporations are short sighted because that is what investors want. The big institutional investors like big short term profits, and sell before the stock prices collapse once the Corporations have exploited all the short term gains from the market.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  2. That should really hurt Apple by Anonymous Coward · · Score: 2, Funny

    For the couple minutes it takes them to make it back.

    1. Re:That should really hurt Apple by MilwaukeeMadAss · · Score: 3, Funny

      "Say there Peg, would you be a gem and take some money out of petty cash and send it to China. M'kay? Thanks."

  3. Re:Live by the sword... by arkane1234 · · Score: 5, Funny

    Especially against the Chinese. I mean, they're paramount for proper trademark usage!

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  4. whose press release are you regurgitating? by sribe · · Score: 3, Interesting

    In 2006 Apple purchased the Taiwanese rights to the name 'iPad' from the company Proview Electronics. In China however, the trademarked name was still owned by Proview Technologies, a Shenzhen based subsidiary of Proview Electronics.

    According to Proview's creditors. There's plenty of evidence to the contrary.

    1. Re:whose press release are you regurgitating? by chrb · · Score: 3, Informative

      According to Proview's creditors. There's plenty of evidence to the contrary.

      No there isn't - there are only Apple's claims on one side, versus Proview's claims and this settlement on the other. Apple have never disclosed the text of the contract between their front "IP Application Devlopment" and Proview Electronics. The U.S. case was dismissed because the U.S. court decided it had no jurisdiction to rule on the contract. From all we know right now, Apple may have signed a contract that didn't include China rights, or that failed to specify exactly where the parent company did own the rights, and whether or not that included China. International multi-jurisdictional law is complicated, perhaps Apple's lawyers made a mistake. Or maybe they didn't. But either way, unless you know of someone who has actually seen the contract, then there is no real evidence here. Infer what you will from the fact that Apple settled.

    2. Re:whose press release are you regurgitating? by samkass · · Score: 4, Informative

      http://allthingsd.com/20120216/take-a-look-at-some-of-apples-evidence-in-proview-ipad-dispute/

      From everything I've read, Proview actually signed the agreement then backed out when they found out it was Apple because they figured they could milk them for a lot more money. I guess, it being Chinese law, they were right.

      --
      E pluribus unum
    3. Re:whose press release are you regurgitating? by sribe · · Score: 4, Interesting

      No there isn't - there are only Apple's claims on one side, versus Proview's claims and this settlement on the other. Apple have never disclosed the text of the contract between their front "IP Application Devlopment" and Proview Electronics. The U.S. case was dismissed because the U.S. court decided it had no jurisdiction to rule on the contract. From all we know right now, Apple may have signed a contract that didn't include China rights, or that failed to specify exactly where the parent company did own the rights, and whether or not that included China. International multi-jurisdictional law is complicated, perhaps Apple's lawyers made a mistake. Or maybe they didn't. But either way, unless you know of someone who has actually seen the contract, then there is no real evidence here. Infer what you will from the fact that Apple settled.

      You're wrong about that. Both the entire contract, and a good number of emails from the negotiations leading up to the contract, came out during the case. The emails are particularly damning, in that the people who said the contract must be signed in Taiwan because that's where the rights were actually held, were the same people who later said "aha! you did not sign in mainland China!"

    4. Re:whose press release are you regurgitating? by Anubis+IV · · Score: 4, Informative

      According to Proview's creditors. There's plenty of evidence to the contrary.

      No there isn't - there are only Apple's claims on one side, versus Proview's claims and this settlement on the other.

      You apparently missed the case in Hong Kong that preceded this one. Proview first attempted to sue Apple there back in 2010, and the judge came down extremely hard on Proview, ruling that they had engaged in exploitative behavior (I believe I also saw the word "conspiracy" being used in some other reports at the time). The person at the head of both Proview branches is the same person, so he had full knowledge of the business dealings, and the Hong Kong judge, who we have every reason to believe was privy to the details of the contract, ruled that Proview had indeed sold Apple the worldwide rights to the trademark, both for the Taiwanese branch and the PRC subsidiary. Proview only sued Apple in the PRC after that previous case failed and they declared bankruptcy.

      What you should infer from this settlement is that Apple didn't want to take chances with their multi-billion USD business in a court system that may play favorites with a local company.

    5. Re:whose press release are you regurgitating? by Anubis+IV · · Score: 2

      You're probably talking about these e-mails, and yeah, they're pretty damning for Proview. They made it clear that they were selling the rights for the mainland Chinese subsidiary.

  5. 60 Million only part of deal by Sponge+Bath · · Score: 3, Insightful

    I'm betting the flood of Apple investment in Chinese factories during these proceedings was the larger part of the deal with the Chinese government to allow Apple to use the trademark. The 60 million is more for show so Apple can be painted as being in the wrong instead of being shook down. In the end, Apple will continue to make billions and the Chinese government will get a cut.

  6. Re:How ironic by MobileTatsu-NJG · · Score: 4, Insightful

    Actually... Apple paid for the name in good faith.

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    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  7. Re:Sorry, am I missing something here? by slew · · Score: 2

    IANAL, but the structure of many multi-national corporations are weird and complicated. The easiest way I've found to think about it is to treat multi-nationals as a big family with a super-patriarch/matriarch instead of thinking of a multi-national as a single person.

    For example, generally, in each country a multi-national generally sets up it's own division of the company which is chartered to do business in that location, which is usually structured as a mostly owned subsidiary of the parent company. The reason to do this is to satisfy the laws of that host country w/o imposing them on the parent company (e.g., ownership requirements, employment requirements, tax requirements, etc).

    Of course once you set up a bunch of these companies in different juristictions, now you can play all sorts of games. The biggest game that is played is the income tax shell game (moving income into companies that have the lowest tax rate). The other big game is to hid parent company liability for big disasters and legal lawsuits (parent company was just an investor in the local company).

    In China, they often require a certain percentage of chinese ownership or key employees for certain types of companies, and it's likely that this is why taiwanese Proview set up this china subsidiary in the first place. It's not inconcievable that the trademark on iPad needed to be registered in china and they chose to have the local company do that registration instead of the parent company in taiwan for legal reasons (they might not recognize the taiwan trademark law in china). Of course, it retrospect, that seemed like a brilliant decision, but I'm guessing they just did it by accident.

  8. new Chinese premier's family has billions by peter303 · · Score: 5, Informative

    Chinese leadership wealth makes Romney look "middle class" in comparison.

  9. One China Policy or not? by Anonymous Coward · · Score: 5, Insightful

    Seems like it's "One China, except when two Chinas can charge you twice"

  10. Re:And guess who's going to pay for it. by devleopard · · Score: 2

    My understanding is that this only affects the sale of iPads in China, so I'd imagine they'd tack on an extra fee only for Chinese iPad customers. Even if all iPads had a price increase, since Apple is selling almost 60M of them a year (http://money.msn.com/top-stocks/post.aspx?post=b738b448-5097-44bd-9bdb-48b8d7c8b083) that'd mean just about $1/unit to recoup all costs within a year. So about the price of a single app, or less than the price of gas to drive up to the Apple store.

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
  11. Re:And guess who's going to pay for it. by devleopard · · Score: 2

    I love how a disparaging play on a company's name gives your point so much more added weight.

    Does it work the same if I say I don't buy Motorhole-a or SameSong phones? How about referring to the Galaxy NextCopy?

    No, I sound like an idiot. My arguments lose weight due to communication noise, and using such non-sequiturs actually makes me a bit dumber each time I use one. Given the frequency that I hear that on Slashdot these days (the intellectual equivalent of "Your mom's a poo poo head!"), that explains a lot.

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    The best thing about a boolean is even if you are wrong, you are only off by a bit.
  12. What's up with the article selection? by devleopard · · Score: 5, Informative

    I know a hot topic gets multiple selections, so do Slashdot editors pick the one with the single worst article? This news items is covered in several reputable places, yet, they selected a submission that looks like it was written by an 8th grader. They use AP's Tweet to make it look like an official AP story/headline. There's brilliantly nonsensical lines like "Proview is continuing their lawsuit in Santa Clara for $1.5 billion dollars while allging fraud and unfair competition. The case was soon after thrown out by a judge."

    --
    The best thing about a boolean is even if you are wrong, you are only off by a bit.
  13. Re:How ironic by MobileTatsu-NJG · · Score: 4, Informative

    Except... that's not what happened.

    They bought what they thought were the world-wide rights to the trademark. What Apple did that you really should be bitching about is they created a dummy corp and lied to Proview about what the trademark was for. "Oh well we're just a piddly lil company that needs that acronymn, it's hardly worth anything but if you'd like to part with it..."

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    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)