Apple vs. Proview: Shanghai Court Punts

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That was quick. My original guess was that the court in this case would just sit on a decision and wait. Instead, but to my mind equivalent in the short term, the court said it would not rule in favor of Proview’s request to stop iPad sales.

OK, the headlines today said that Apple “won” this case. Sort of; they did “win” with respect to the injunction order. The court did not halt iPad sales, so of course this is good news for Apple. On the other hand, this decision was not about who owns the trademark.

The court here in effect was saying that since there is a pending case involving the ownership of the mark, the court is not going to get involved.

Whether non-involvement meant sitting on the case or suspending proceedings is a small difference, since the effect either way is that nothing happens right now. Suffice it to say that if Proview wins the pending appellate case in Guangdong, which begins next week, it will be back in court immediately to move forward on the infringement matter.

The big news would have been if the court granted the injunction. This decision just means that nothing dramatic is going to happen. We still need to wait for the High Court down South to do something.

I won’t give you a long list of links for this. The court announcement is not detailed and all the major media outlets have something. Consult your Google machine.

2 responses on “Apple vs. Proview: Shanghai Court Punts

  1. G. E. Anderson

    Maybe you covered this in an earlier post I missed, but ultimately, won’t this case depend more on what Beijing wants than on what the law says? The judiciary branch still works for the Party, right?

    And if I may venture a guess as to what Beijing wants… I’m thinking they are more interested in keeping iPad production in China than in allowing some failed entrepreneur in southern China to gain access to a few billion dollars in extortion payments from Apple.