Apple may face iPad export ban in China trademark row

HONG KONG/SHANGHAI Tue Feb 14, 2012 12:32pm GMT

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HONG KONG/SHANGHAI (Reuters) - A Chinese tech firm that says it owns the iPad trademark, plans to seek a ban on exports of Apple Inc's computer tablets from China, a lawyer for the company said.

If successful, the move could deal a blow to the U.S. technology giant's iPad sales worldwide. Not only is China a huge consumer market but it is a major production base for the American company's iconic products including the iPad, iPhone and iPod.

The Chinese firm Proview Technology (Shenzhen) Co Ltd is petitioning Chinese customs to stop shipments of Apple's popular

iPads in and out of China, though the customs have not responded to its request, lawyer Xie Xianghui told Asian Legal Business, a Thomson Reuters publication.

Customs officials could not be reached for comment and Proview declined to comment.

Apple's legal tussle with Proview Technology (Shenzhen) over the trademark name iPad, is emerging as the latest headache for the U.S. giant in a booming market and highlights the legal challenges facing foreign multinationals operating in China.

Apple lost a case to Proview Technology (Shenzhen) in a Shenzhen court in southern China late last year when the court agreed that Proview owned the iPad trademark.

Apple has appealed the decision and a final hearing is due to start in the southern Guangdong High Court on Feb 29. This court's decision will be final under the Chinese legal process.

Proview's latest salvo comes a day after media reports that authorities in some Chinese cities had ordered retailers to stop selling Apple's iPad due to the dispute.

Apple said it had bought the worldwide rights to the trademark long ago.

"We bought Proview's worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honour their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter," an Apple spokeswoman said.

Proview Technology (Shenzhen) has asked authorities in about 20 cities, including Shijiazhuang near Beijing, to stop retailers from selling the popular iPad tablet PC and has also filed lawsuits against Apple in Shanghai and Shenzhen, and retailers selling iPads in Futian and Huizhou, located in the south of the country.

Apple's options are limited to either settling with Proview Technology (Shenzhen), appealing to a higher court or facing devastating enforcement actions in China, legal experts said.

"There are two views we can take here. One view is, Apple was not sufficiently prudent and therefore, this was missed by Apple and its attorneys," said Elliot Papageorgiou, a partner and executive based in Shanghai at law firm Rouse Legal (China).

"A more charitable view would be that, Apple said that for business reasons we need to use this brand and as far as the name in China is concerned, let's cross the bridge when we come to it," he said.

Proview lawyer Xie, partner of Grandall Law Firm's Shenzhen office, said Apple was not currently in negotiations with the Chinese firm.

Local media reported recently that Proview was taking legal action, seeking up to 10 billion yuan ($1.6 billion) in compensation from Apple for trademark infringement.

"Without a win in that Shenzhen case, all the other actions, whether it is administrative or with different courts, customs, Apple is not in a good position at all," said Stan Abrams, an IP law professor at Beijing's Central University of Finance and Economics.

($1=6.297 yuan)

(Additional reporting by Lee Chyen Yee in HONG KONG: Editing by Neil Fullick)

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