business newsYou Decide: 11 Game-Changing Copyright Cases
Examine the evidence and judge for yourself where the boundaries of intellectual property lie.
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2. Proview v. Apple
The Plaintiff: Computer display manufacturer Proview Electronics, Co. Limited and Proview Technology, Inc., subsidiaries of Hong Kong-based Proview International Holdings. The company sold its “IPAD” trademark to the British corporation IP Application Development in 2010.
The Defendant: Apple, Inc. (AAPL).
The Charges: That the trademark purchased from Proview Taiwan did not cover mainland China because the mainland trademark is owned not by Proview Taiwan, but by Proview International’s unit in Shenzhen. That Apple committed fraud by intentionally misrepresenting itself when it used IP Application Development, an organization set up by Apple agents, to purchase the trademark. That Apple fraudulently induced the sale of the trademark by concealing its intent in purchasing the trademark, and making the false promise not to compete with Proview. (Click here to view filed complaint.)
The Defense: The case has yet to come to trial, but Apple will probably argue that no illegal business practices took place, that it did not misrepresent itself, and that it provided no fraudulent information. Apple may also argue that since the trademark was purchased by IP Application Development, Proview should sue IP Application Development, not Apple, Inc.
Next Case: United States v. MegaUpload Limited
