Apple ’s attorney defend the party ’s claim to the iPad trademark in China on Wednesday during a in high spirits - stakes court hearing that could decide whether Chinese agency ostracize the tablet for hallmark infringement .
“ Among consumer across the Earth , the iPad trademark is already uniquely connected with Apple , ” said party lawyer Shi Yusheng . “ When consumer see a pill with an iPad trademark , they know it comes from Apple , and not from another company .
The court hearing at the Guangdong Province Higher People ’s Court was held after Apple filed an appeal to a December ruling that rejected the U.S. technical school giant ’s call to ownership over the iPad stylemark in the country .
Apple contends it purchase the stylemark in 2009 from Chinese house Proview , a financially - struggling display trafficker . But Proview has reason the rights were never formally transfer , and has further responded by filing its own lawsuit and complaint , requesting the Formosan government block up all iPad sales in the nation .
If Apple ’s appeal is decline , Proview ’s request to stop iPad sales will in all probability be grant as more than 30 commercial regulatory offices are already investigate the affair . Last week , a Shanghai court also temporarilysuspendedhearings on whether to halt iPad sales in Apple ’s Shanghai store until the Guangdong superior court made its ruling on the appeal .
On Wednesday , Apple and Proview lawyers exchanged arguments during the royal court hearing , which lasted more than six hours , but result in no ruling by the end of the day . Apple ’s lawyers claimed that Proview ’s top management had full knowledge that the company was selling off the iPad trademark , adduce electronic mail sent by Proview representatives in 2009 . Apple ’s lawyers also argued that it would be unfair if the Margaret Court rule against the caller , given that it was Apple which made the iPad name celebrated .
“ The iPad name is already synonymous with pad of paper , ” Shi said . “ citizenry say they will go buy an iPad , not that they will buy a tablet that ’s manufactured by Apple and has the iPad steel . ”
Proview ’s attorney , however , say Apple was using its popularity to get away with trademark theft . They added that the iPad trademark rights were never shift because Apple ’s contract to grease one’s palms the rights were signed with a Proview subsidiary in Taiwan , which has no authority to deal off the iPad trademark for mainland China .
“ The email Apple provided show a two - sided line of work treatment with a finish of sign a contract , ” said Xie Xianghui , a attorney make up Proview . “ But according to stage business practices , discussion do not comprise a contract , whether they be done through email or oral communications . ”
Xie say in an interview after the court of law hearing that Apple put up no novel grounds in its prayer . Proview is open to talks with Apple to get back the dispute , although no such discussions have begun , he said .
originally this month , a Proview representative allege the fellowship want Apple to pay $ 400 million for the iPad trademark .