Shanghai Court rejects Shenzhen Proview iPad application

Xinhua Shanghai Newsletter Weibo has just revealed that the Shanghai Pudong District People’s Court made a ruling on Shenzhen Proview’s application for a temporary injunction and Apple’s application for suspension of hearing: the plaintiff Shenzhen Proview was ordered to order the defendant’s Apple to stop selling the “iPad” tablet. Computer application.

At the same time, the case was suspended.

The court held that one of the preconditions for Shenzhen Proview’s temporary injunction application to obtain court support is that the respondent is implementing or is about to commit acts infringing the exclusive right to use a registered trademark, and in this case, the “iPad” tablet sold by the respondent’s apple. The machine originated from Apple Inc. in the United States. The ownership dispute between the applicant and the applicant regarding the trademark due to the transfer contract was pending in the second instance of the Guangdong Provincial Higher People's Court. Before the final judgment of the court, the owner of the trademark right was still in the process. Uncertain state.

Therefore, in the case that the Apple company’s use of the “iPad” logo constitutes incontrovertibility, it is still unreliable to conclude that the respondent’s sale of “iPad” tablet constitutes infringement. Therefore, the court held that the applicant requested the court to order the respondent to immediately The application to stop the sale of the "iPad" tablet does not comply with the law. The court complied with Article 140 of the “Civil Procedure Law”, Article 110(1), “The Interpretation of the Supreme People’s Court on Stopping the Infringement of the Right to Exclusive Use of Registered Trademarks and the Protection of Evidence before the Application of the Law,” and Article 4. The provisions of Article 10 and Article 16 shall be rejected.

This is the second time that Proview sued iPad dealers in mainland China. On Friday, Proview sued Shenzhen Power Electronics Shenzhen Co., Ltd. for the sale of iPad-infringing trademark cases. The court in Shenzhen has ruled that Sunco stopped infringement.