Thursday, March 05, 2015
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Google Introduces Insurance Shopping Site
U.S. Trade Office Releases Latest Notorious Markets List
MPEG LA Introduces License for DisplayPort
Toshiba Starts Shipping 20-Megapixel CMOS Image Sensor For Mobile Devices
Larger iPad Production Pushed Back For September
Intel Outlines 2015 Gaming News at GDC
HBO, Apple To Launch Video Streaming Service: report
Xbox One wireless controller Adapter Coming To Windows PCs
Active Discussions
Newbie
Need serious help!!!!
burning
nvidia 6200 review
Hello
Burning Multimedia in track 0
I'm lazy. Please help.
sanyo e6 camera
 Home > News > General Computing > Proview...
Last 7 Days News : SU MO TU WE TH FR SA All News

Tuesday, February 28, 2012
Proview Taiwan Charges Apple with Fraud and Unfair Competition


Taiwan-based Proview Electronics says it is now seeking to regain worldwide rights to the iPad name and is suing Apple for alleged fraud and unfair competition, hoping to have a 2009 sale of the trademark ruled void.

The company has filed an amended complaint in California Superior Court in Santa Clara, accusing Apple of fraud and unfair competition.

Separately, in another action, Shenzhen-based Proview Technology Shenzhen Co, Ltd. continues to pursue litigation against Apple in China. In to the Chinese lawsuit, Proview Technology Shenzhen Co, Ltd. has demonstrated that the IPAD trademark for Mainland China was never assigned to Apple or its affiliates.

The legal questions and remedies in the China and U.S. lawsuits are separate and distinct and have no bearing on one another.

The amended complaint was filed to provide additional information regarding Apple's "fraudulent" actions committed against Proview.

"Among the many allegations in the U.S complaint are fraud by intentional misrepresentation, fraud by concealment, fraudulent inducement, and unfair competition," Proview Electronics says.

According to Proview, the December 23, 2009 agreement that Proview Taiwan entered with Apple was "fraudulently induced by the concealment and suppression of material facts by Apple's agents, and that, as a result, the 2009 agreement is void." "Once the agreement is voided for fraud, the iPad trademarks in the European Union, South Korea, Mexico, Singapore, Indonesia, Thailand, and Vietnam will revert back to Proview Taiwan," the company says.

Proview contends Apple intentionally misled it when it bought iPad trademarks through a special purpose company called IP Application Development Ltd. that concealed it was acting on Apple's behalf.

"Apple used an intermediary, Farncombe International and its Managing Director, Graham Robinson, to create an elaborate but false pretext for the purchase of Proview's IPAD trademarks. Apple created a special purpose company named IP Application Development Limited ("IPAD Ltd."), then concealed the fact that this company was acting as an agent of Apple. Graham Robinson further concealed Apple's involvement by adopting a false alias, Jonathan Hargreaves, which he used when negotiating with Proview," the Taiwan -based company added.

"While some technology companies create special purpose vehicles in order to obtain trademarks, in this case the sole function of Apple's special purpose vehicle was intentional misrepresentation, and an effort to fraudulently induce Proview Taiwan into a sale of the IPAD trademarks," said Cal Kenney, Spokesman of Proview Taiwan.

"Proview Taiwan had concerns about the purchaser's intentions, and was very diligent in trying to understand the facts surrounding its interest in Proview Taiwan's IPAD trademarks. But even careful diligence is ineffective when the counterparty is engaging in intentional fraud," said Cal Kenney.

The relief Proview Taiwan seeks from Apple includes compensatory damages and disgorgement of Apple's profits from the unfair competition, as well as an injunction to stop Apple's continued use of the fraudulently-obtained trademarks.

"Apple obtained the iPad trademark by defrauding Proview Taiwan through tactics that involved explicit misrepresentations, and the use of foreign entities specifically created to perpetrate the fraud," said Cal Kenney. "By filing the complaint in the California Superior Court, Proview Taiwan seeks the truth about who at Apple orchestrated the fraud, and the specifics of how it was implemented. Proview Taiwan believes that when the truth is exposed, the full weight of Apple's fraudulent and nefarious behavior will be revealed and the appropriate remedies will be obtained."


Previous
Next
Intel, Micron Expand NAND Flash Memory Joint Venture        All News        Sony Introduces New Lineup Of Cyber-shot Cameras
Intel, Micron Expand NAND Flash Memory Joint Venture     General Computing News      IBM Claims New Breakthrough In Quantum Computing

Get RSS feed Easy Print E-Mail this Message

Related News
Larger iPad Production Pushed Back For September
HBO, Apple To Launch Video Streaming Service: report
Apple To Release Fix For Freak Security Bug
Samsung Lost Top Position to Apple in Q4's Global Smartphone Market
Ericsson Sues Apple Over Patent Infringement
Apple To Hold Watch Event on March 9
Apple To Pay $533 million for Patent Infringement
Apple to Invest 1.7 Billion Euros in New European Data Centres
Apple Granted Patent For A Head-mounted iPhone Virtual Reality Display
Apple Said To Have Dropped Some Health Monitoring Functions In Apple Watch
New Apple iWork Apps Run On PCs Too
More Reports Emerge On Apple's Secret Automotive Project

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2015 - All rights reserved -
Privacy policy - Contact Us .