Proview, the Chinese firm that sued Apple in numerous Chinese cities over the use of the iPad trademark, has now taken the fight to U.S. shores. The company recently trademark infringement suit against Apple in a California court last week, Reuters said Friday. At least one lawyer thinks Apple will have an advantage fighting on its home turf.
“In relation to the U.S., Apple is going to somewhat have a homeground advantage,” Rouse Legal partner Elliot Papageorgiou told Reuters. “Given the current timeline, Apple would have the greater impetus to come to settlement simply because the ability to disrupt shipments is more immediate than the pressure faced by Proview and its potential delisting.”
Proview has long argued that Apple does not own the rights to using the iPad moniker. Apple, however, says it purchased the trademark rights from Proview for use in ten different countries. Apple created a different entity to allegedly disguise itself when purchasing the trademark, however, and Proview believes that the Cupertino-based company had “the intent to defraud and induce the plaintiffs to enter into the agreement. There is, however, a precedent for companies making purchases under dummy companies when they fear their true name would drive up prices such as when Walt Disney did so with the land that Walt Disney World sits on in Florida. Apple also said that Proview does not sell, and has no plans to ever sell, a product with the iPad name.
A Shanghai court ruled on Thursday not to enforce an injunction against Apple’s products in the city. “This is a wrong decision. We will submit an application for the court to reconsider its decision,” a Proview lawyer said. Proview recently said it’s also prepared for settlement talks with Apple.