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The following article was published in our article directory on February 28, 2011.
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IPad Mainland Trademark Disputes to Trial

Article Category: Business

Author Name: Amanda xzh

IPad mainland trademark disputes of trial in apple iPad sparring frenzy, snapping up the ownership of the iPad trademark ownership trudged not settled yet. In shenzhen only crown to "fraud charges will accuse us court apple on occasion, not material apple do" FanGeYiJi, "a complaint against declared to iPad trademark rights for by" spat "into confrontation.

The first court

On February 23, apple and shenzhen only crown about iPad trademark disputes of a case in the shenzhen intermediate people's court official in session.

The lawsuit acknowledged the plaintiff is apple and British IP application development Co., LTD. (hereinafter referred to as the British IP company), the defendant for shenzhen only crown. Two plaintiff requesting the court number 1530557 "iPad" trademark for exclusive to the plaintiff all, and order the defendant compensate the plaintiff for trademark ownership investigation expenses, attorney's fees the loss of RMB 200 yuan, and litigation cost by the defendant to assume.

Apple party to say, 2009 on December 23, only crown international chairman and CEO YangRongShan authorized MaiShiHong signed the agreement, the 10 trademark all rights transfer to UK IP companies, including mainland trademark assignment agreement. Agreement was signed, British IP company to only crown Taipei company pay for 3.5 million pounds for all of its iPad trademark, and then the English IP company with 10 pounds of symbolic prices will iPad trademark all the rights transfer to apple.

According to the daily economic news reporter understanding, then present the trial of shenzhen has completed the court mediation and court debate link, the case is still under further investigations.

Ownership for itself

Data shows, only crown technology group founded in 1989 in Taipei in 1997 to only crown international (HK), the name of 00334 listed in Hong Kong, shenzhen only crown for its in shenzhen subsidiary.

After the announcement, only crown technology current liabilities. 7 million hk dollar, and net 38 million hk dollar loan overdue, bank of China, minsheng bank balance of also is as high as $180 million. It is reported, last minsheng bank was commissioned and entrepreneurial as only crown prince of debt restructuring technology consultant.

Last October, and made only crown prince entrepreneurial claims of technology, combined only crown technology authorized the 8 creditor bank, to apple claims 100 million yuan, in view of the "iPad bought apples" trademark ownership problem, with "fraud charges to U.S. court). Trial of two big dispute

According to trial, both the focus of attention in two major ways.

On the one hand, shenzhen only crown and Taipei only crown relationship of debate. Before signing the transfer agreement at the same time, Taipei only dubbed 10 pounds of symbolic prices will iPad continent trademark rights transfer to UK IP company. But shenzhen only crown attorney, XiaoCai yuan, said Taipei only crown has no right to disposal shenzhen only crown for "iPad" trademark in the mainland of ownership. In accepting the daily economic news reporter to interview, XiaoCai yuan said, although shenzhen only crown for only crown international in shenzhen, a wholly owned subsidiary, but shenzhen only crown and Taipei only crown is independent of the enterprise as a legal person relationship, mutual does not exist, investment relationship from shareholder structure and industry and commerce registration, Angle, the two are different subject.

On the other hand, "iPad" in the mainland's trademark to who all? Apple party thinks, because shenzhen only crown and Taipei only crown of legal representative are only crown the chairman and CEO of international YangRongShan, all its MaiShiHong signed with the related transfer agreement on shenzhen only crown also is legally binding. Shenzhen only crown party, says that apple proves only Britain IP company with Taipei only crown signings, but "iPad" in the mainland of China trademark is not classified Taipei only crown all. XiaoCai yuan also said that the apple of evidence of the parties are involved in Taipei only crown employees, and shenzhen only crown and no relationship.

XiaoCai yuan told reporters in iPad "buy" in the mainland of China trademark ownership, apple mistook Taipei only crown as its owner, is "barking up the wrong tree sellers, do a foolish thing." He considers apple this "first tort negotiations" approach to really "for China of intellectual property system seriously violated".

And apple attorney YangHao also told reporters, from the current situation and the trial results should be ahead of evidence perspective, apple more beneficial.

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