iPhone News Desk
Proview’s US Suit Thrown Out
Proview wanted the 2009 deal set aside and Apple stopped from using the iPad name
By: Maureen O'Gara
May. 11, 2012 08:00 AM
A California Superior Court last Friday threw out Proview Electronics' three-month-old infringement suit against Apple over the iPad trademark. The dismissal only came to light the other day.
Proview claimed Apple duped it when Apple bought the iPad trademarks from it in 2009 for $55,000 because it didn't disclose who its middleman was working for. The trademark was reportedly registered in 10 countries.
Proview wanted the 2009 deal set aside and Apple stopped from using the iPad name.
Proview Electronics is the Taiwanese subsidiary of Proview International Holdings, and a sister firm of the Chinese Proview that sued Apple in Mainland China claiming to still own the mark.
In probably the kindest rendition of the facts the Taiwan company apparently sold Apple the Chinese trademark without authorization. Apple claims it reneged.
Apple told the US court the companies had agreed to settle any legal differences in Hong Kong and asked that the case be dismissed. The judge said Apple provided "evidence that the plaintiff specifically requested the Hong Kong forum and is litigating there currently."
Proview's American lawyer said the dismissal wasn't "based on the merits of the case" and suggested Proview might appeal.
Apple and the Mainland Chinese Proview are supposed to be in the throes of settling if they can agree on a price. The US gambit was a way of trying to squeeze more money out of Apple.
The People's Daily Online suggests Proview, bankrupt and in the hole to Chinese banks for a reported $400 million, is looking for $3 billion.
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