Comments from a Proview Technology lawyer shows that the company thinks it’s “likely” to make an out of court settlement with Apple over the iPad trademark dispute currently before the Guangdong High Court in southern China. A Proview attorney told the Associated Press that the company always expected to settle with Apple.
The case involves the mainland China rights to the name “IPAD,” a trademark Proview registered in the year 2000. Apple bought the rights from Proview in 2009, using a third party company set up for the transaction, but Proview then claimed that deal didn’t include the rights to mainland China.
Apple lost the initial lawsuit, but appealed the loss. They argued that documents and other information had been hidden from the lower court. The case is now in front of the Guangdong High Court in southern China, where it has been since late February.
It was reported earlier this month that the two companies were entering negotiations, and the new comments suggest that at least one party, Proview, thinks a settlement is highly probable.
“It is likely that we will settle out of court. The Guangdong High Court is helping to arrange it and the court also expects to do so,” Ma Dongxiao told the AP, “Actually Proview always expected to settle out of court from the beginning. I don’t know if Apple has changed its attitude, but I believe that the key point now is the price.”
Proview received $55,000 for the iPad naming rights in the original deal, but was unaware it was dealing with Apple.
Proview, once a major Chinese electronics company built on LCD displays, attempted to expand operations during the 2008 economic downturn. They have since filed for bankruptcy protection.
The company now owes creditors throughout Asia. Apple, in a statement to the AP said that, “[Proview] still owe[s] a lot of people a lot of money, they are now unfairly trying to get more from Apple for a trademark we already paid for.”
In related news, Fu Shuangjian, the vice minister of the State Administration for Industry and Commerce (SAIC), said on Tuesday that Apple does not have ownership of the iPad trademark in China, signaling that authorities could be favoring Proview in its battle with the U.S. tech giant over rights to the iPad brand name.
“Due to the impact of this case, and because the court’s final decision will determine ownership of the iPad trademark rights, SAIC will carefully deal with this case,” he added.
