The following is an excerpt from Elaine Kurtenbach, Associated Press | February 22, 2012 | USAtoday.com |
SHANGHAI – Apple defended its right to use the iPad trademark in China in a heated court hearing Wednesday that pitted the electronics giant against a struggling Chinese electronics company that denies having sold the mainland China rights to the popular tablet computer’s name.
Shenzhen Proview Technology’s lawyer Xie Xianghui argued that the sale of the iPad trademark to an Apple subsidiary by Proview’s Taiwan affiliate in 2009 was invalid. Apple countered that Proview violated the sale contract by failing to transfer the trademark rights in mainland China.
It also contends that the Chinese LCD maker has not marketed or sold its own “IPAD,” or Internet Personal Access Device for years, thus possibly invalidating its claim to the trademark.
The hearing adjourned after a fractious four-hour session which saw the judge repeatedly admonishing both sides to observe proper court protocol as they argued across the courtroom. No date was announced for a judgment or further hearings.
“Apple has no right to sell iPads under that name,” Xie said. “The agreement to sell the trademark is not valid under Chinese law.”
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