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The 4-hour trial in Shanghai for the infringement case of Proview v. Apple: There is a strong smell of gunpowder
Publication Date:2019-04-11     Read Count:     Font:【Big Middle Small

After the trial yesterday, the media interviewed Xie Xianghui, the agent lawyer of. On that day, the case of Apple's iPad trademark infringement was heard in Shanghai.

The defendant is Apple's general distributor in mainland China; Apple's new evidence was not adopted by the court; the court said it would make a written response.

Apple and Zhengguan have entered a fierce battle over the iPad trademark. Yesterday, the Shenzhen Zhengguan company filed a lawsuit against Apple's general distributor for infringement in the Shanghai Pudong New Area Court, and at the same time, iPad sales were stopped in Shanghai, and both parties also made statements of reasons.

The trial lasted for four hours.

The trial in Shanghai yesterday lasted for four hours, during which both sides engaged in fierce debates multiple times, the atmosphere was highly charged, and the judge also reminded both sides to control their emotions at one point.

The plaintiff, Queeng, submitted 4 sets of 17 pieces of evidence, and the claims include: Apple to stop selling products with the iPad trademark, to demolish the relevant signs in the store, to destroy the relevant promotional materials, to publish articles in the media to eliminate the impact, and to compensate for the litigation expenses of one ten thousand yuan, etc.

Yuehuan presented evidence that it owns the iPad trademark and has been producing related products since 2000.

Apple applies to terminate the trial

● June 2010 Apple filed a lawsuit againstiPad in Shenzhen, requesting confirmation of its exclusive right to the iPad trademark in Mainland China.

●In 2011, Technology successively filed suits against Apple's two distributors in Shenzhen and Huizhou.

● February 2011 The first official clash between the two parties over the ownership of the Apple iPad trademark took place in Shenzhen.

●March 2011. Yuehuan complained to the Beijing Municipal Administration for Industry and Commerce (AMIC), demanding a penalty on Apple. In June, AMIC issued a 240 million yuan (US$37 million) penalty order, but it is yet to be implemented.

● December 2011 After three trials, Apple lost the first instance, and the claims for damages and trademarks were dismissed. Apple then appealed, and the case is still under review.

● February 2012: Yuehuan filed an application with the Shanghai Pudong New Area Court, requesting Apple to cease the continued use of the iPad trademark and to prohibit the sale of iPads. Subsequently, Yuehuan also complained to the industrial and commercial departments in several other regions of the country, demanding that Apple stop selling iPad products on the grounds that Apple had violated Yuehuan's iPad trademark rights.

●On February 17, 2012, the Intermediate People's Court of Huizhou City, Guangdong Province, issued a judgment ordering Apple distributor Shenzhen Apple Store to cease selling Apple iPad-related products. This is the first Apple distributor to be ruled liable by the court since the commencement of the iPad trademark dispute.

●On February 22, 2012, the case of Shenzhen Tronsafe诉Apple's general distributor of infringement was held in the Shanghai Pudong New Area Court, and no judgment was rendered.

●The second instance of the case in which Apple filed a lawsuit againstiPad's trademark owner in Shenzhen in February 29, 2012, will be heard in the Guangdong Higher People's Court.

For related questions, please consult Huaxu Zhengxin Intellectual Property: Phone 010-67089491, WeChat official account: huaip1, or email:info@huaip.com.


 
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