“We bought Proview’s worldwide rights to the iPad trademark in 10 different countries several years ago. Proview refuses to honor their agreement with Apple, and a Hong Kong court has sided with Apple in this matter.”
That was Apple’s statement to AllThingsD Wednesday on its increasingly contentious battle with Hong Kong-based Proview Technology, which insists it still owns the rights to the iPad trademark in China. And here’s the court decision to back it up.
In it, Judge Hon Poon writes that Proview’s conduct smells of conspiracy driven by financial desperation, and that there’s reason to believe that it acted in breach of its agreement with Apple by wrongfully refusing to honor its obligation to hand over the iPad trademark in China.
The key paragraph:
“The conduct of all the defendants demonstrate that they have combined together with the common intention of injuring Apple and IP Application [Apple's agent in the purchase] by acting in breach of the agreement. Proview Holdings, Proview Electronics and Proview Shenzhen, all clearly under [Proview CEO Yang Rongshan's] control, have refused to take any steps to ensure compliance with the agreement so that the China Trademarks are properly assigned or transferred to [Apple]. Instead, they attempt to exploit the situation as a business opportunity for the Proview Group by seeking an amount of US $10 million from Apple.”