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Dec 7, 2011

Trademark infringement against apple iPad or renamed future sales

Apple iPad trademark infringement lawsuit is the champions league, have recently the first results: shenzhen intermediate people's court first rejected apple requirements in mainland China "iPad" trademark right to its all, and to "shenzhen only crown" claim trademark ownership survey fee, attorney fees by loss 4 million yuan the original lawsuit. This means that, if apple does not appeal, or after appeal the court still that ruling, so apple future in the mainland continue to "iPad" as a product name will be to belong to illegal behavior.

It is reported as early as in 2000, is the only under the champions league crown in countries and Taipei area registered trademark respectively the iPad, in 2001, but its only champions league crown international science and technology (shenzhen) company in mainland China and registered by the trademark of the two kinds of iPad. At that time, apple iPad tablet computer did not launch products.
In 2006, apple iPad launch when planning, found that iPad trademark rights to only crown all company, so to sit idle trademark revoked for, in Britain is the crown prosecution, but eventually losing. In 2009, apple and only crown reach an agreement, the only crown Taipei company will iPad global trademark £ 35000 transfer price to apple. But only crown said, iPad mainland Chinese trademark and not included in the above 35000 pounds in a package of transfer agreement, in mainland China, the trademark of the iPad is to belong to shenzhen only crown all, only crown Taipei power company didn't sell it. Apple hence China shenzhen to local court and requirements of the iPad mainland China to all its trademark rights, and to the shenzhen only crown claim trademark ownership survey fee, attorney fees, totaling RMB 4 million yuan.

As the shenzhen intermediate people's court of first instance rejected apple all the claims, apple now has three kinds of choices, continue to appeal, in mainland China sales iPad tablet computer name or to the shenzhen only crown buy separate "iPad" mainland registered trademark. So far, even if apple with the world first-class lawyer team, apple announced the possibility of win the lawsuit is not large also, shenzhen court tend to think apple party want to obtain others' trademark business, it shall have the duty of care of higher shall, in accordance with the provisions of the law of our country, and the holder of the trademark assignment contract concluded trademark, and to go through necessary formalities of trademark assignment.

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