Politics could tip the scales in Apple ’s favor for a in high spirits - interest effectual fight that will decide possession of the iPad stylemark in mainland China . But some sound experts stay on shared out on whether it will be enough to help the U.S. technical school giant avoid a ban of its iconic tablet in the country .
“ This is a really illustrious case , and Apple is not only a multinational caller , but employs a lot of masses , ” said Stan Abrams , an intellectual property lawyer and professor at Beijing ’s Central University of Finance and Economics . “ The political argument in itself does favor Apple . ”
Apple faces the medical prognosis of pay fines totalling trillion of U.S. dollars and catch its iPad censor in the rural area if the society loses a motor hotel battle with a little - know Chinese firm call Proview , which has also take possession of the iPad earmark in China .
On Wednesday , Apple and Proview change contestation during a tribunal earshot appealing a December opinion that reject Apple ’s claim to the iPad name . The conflict sum on whether Proview sold the iPad trademark to Apple in 2009 , given that the dealing was made not by Proview ’s headquarters , but by a subsidiary in Taiwan .
“ The legal event are kind of hairy when you look at technical arguments . Did one company authorize the other to act ? ” Abrams said . The court could go either way , he said .
But Chinese authorities could decide to factor out in Apple ’s grandness to the country when the court makes it decisiveness , he said . “ Apple pays its taxes , and it ’s popular . Those kind of things matter , ” Abrams said . “ Politically there is not as much of an argument for Proview . ”
Proview , a Formosan presentation marketer , has shut out down its byplay after see its funds dry up trace the financial crisis in 2008 . The company , now controlled by eight camber , wants Apple to pay $ 400 million for the iPad trademark .
For months now , Proview has been file lawsuits and complaints to request authorities arrest iPad sales , in an attempt to squeeze Apple to settle , agree to legal expert . Last month , Proview also register a suit in the U.S. against Apple , aver that the U.S. tech hulk had misdirect Proview in selling off its iPad hallmark .
Although Apple tried to present new argument in Wednesday ’s motor hotel earshot , the society will still probably mislay its sound conflict against Proview , according to Zhao Zhanling , a legal expert on China ’s entropy applied science practice of law .
During Wednesday ’s royal court hearing , Apple had seek to establish that Proview ’s top management was full cognizant it was selling off its iPad trademark for mainland China . The evidence include email sent by officials Apple claims worked at Proview ’s headquarters in Shenzhen .
Zhao , however , say Apple ’s literary argument were unbelievable . “ I mean there is niggling hope Apple will deliver the goods , ” he said .
Apple instead will have to press between finalize with Proview or modify the name of its iPad product in edict to trade its pill in China . If Apple chooses to switch the tablet ’s name , Chinese authorities will still want to penalize the U.S. tech hulk for past iPad sales because of trademark misdemeanor , Zhao added .
“ I think vendors will bar sell the iPad to avoid any endangerment of seeing legal action . Some website have already stopped selling the iPad , ” he said . “ So in the short term people wo n’t be able-bodied to buy the iPad . ”
