Proview Electronics has institute its sound conflict against Apple to the U.S. , accuse the ship’s company of using deceptive practices to take on the iPad trademark .
Proview is involve for price and for Apple to permanently blockade using the iPad trademark , according to documents filed with the Superior Court of California for the County of Santa Clara . Proview , which is struggling financially , is accuse Apple of fraudulently win earmark through a shell company called IP software Development Ltd.
Proview is already in a drawn-out legal battle with Apple on the iPad trademark in China , and on Feb. 17said the effectual battle could spill over to the U.S.
Proview owns the iPad trademark in China and has asked motor inn there to blockade Apple from sell the iPad tablet in the commonwealth . A Proview asking for a effectual injunction that would have forced Apple to halt iPad sales in its Shanghai stores wasrejected earlier this week , while Proview won a battle in December in which a court in Shenzhen rejected Apple ’s title to the iPad hallmark . That decision is being appeal by Apple in the Guangdong provincial eminent court , with a audience schedule for next week .
Apple did not respond to request for comment . consort to the documents , the defendants list include IP software Development , a U.K. troupe that Proview alleged was established by Apple with the sole design of acquiring the stylemark to use for the iPad pad . The troupe name was “ measuredly prefer ” because its abbreviation is iPad , according to the court of law filing .
Apple act with oppression , fraud and malice , Proview said in the tribunal filing . Proview is also essay to cancel an arrangement that transfer the iPad stylemark to IP software Development in 2009 .
Proview offered an Internet gismo called iPad after learn the trademark in several body politic between 2000 and 2003 . However , the company fly on rough fiscal time due to the global economic crisis and after two top customers , Polaroid and Circuit City , filed for bankruptcy in the 2d one-half of 2008 , according to the court filing .
In 2009 , Apple registered IP app Development , which acquired the iPad trademark in December of that year for £ 35,000 ( US$ 41,335 ) with the promise not to use it to vie against Proview ’s product . IP program Development ultimately transferred the trademark to Apple , which launched the iPad to much flash in 2010 .
Proview is accusing Apple of fraud and knowing misrepresentation of facts to acquire the earmark , according to the court filing .
