Apple’s serial lawsuits in China

The trademark dispute between Apple, IP Application Development Limited (IPADL) and Proview (Shenzhen), which has attracted world attention, was finally settled.

On June 25th a mediation letter was sent to both parties by the Guangdong Higher People’s Court and went into effect immediately. Apple paid Proview $60 million, which went into a bank account designated by the Guangdong Higher People’s Court as was required in the mediation agreement. With the payment Apple simultaneously applied for compulsory execution of the mediation implement by the first instance court—the Shenzhen Intermediate People’s Court. The Guangdong Higher People’s Court delivered the ruling and the execution notice to the State Administration for Industry and Commerce to formalize transfer of the iPad trademark to Apple. This finalizes the complete settlement of the iPad trademark dispute between Apple and Proview.

However, Apple will soon be facing another lawsuit in China. Shanghai Zhizhen Network Technology Co Ltd, (Zhizhen) sued Apple, claiming that Siri of iPhone 4S has violated one of its patents. Zhizhen stated that according to the introduction of Siri’s new function on Apple’s official website, it can be termed as an intelligent network robot and this product infringed Zhizhen’s patent. Zhizhen sent legal notice to Apple in May, hoping to solve the dispute through negotiation, but received no response. On June 21st, Zhizhen filed the lawsuit against Apple and a Shanghai court announced on June 26th that it would hear the case. At present, the two parties are in the mediation phase.

Taobao accused of trademark infringement

As the network service provider of China’s famous internet trading platform, Zhejiang Taobao Network Co., Ltd. (Taobao.com) was involved in a trademark dispute because of key words searching. This case has caused wide attention. According to a report, “Wynn’S” is the registered trademark of Yantai Wynn’s Automobile Service Product Co., Ltd., (Wynn’S) Shandong Province. However, Taobao.com used “Wynn’S” as a key word in its searching engine for promotion purposes without permission or notification and was sued by Wynn’S for trademark infringement. On March 13th, the Haidian District People’s Court concluded that Taobao.com did not infringe intentionally and its actions did not result in any infringement and thus rejected all the appeals in the first instance. Wynn’S has appealed to the Beijing No.1 Intermediate People’s Court.

Nike brings trademark dispute over Kobe

After NBA giant Michael Jordan filed an infringement lawsuit for abusing his name, another NBA superstar Kobe Bryant is now in a similar dispute. Fujian resident Mr. Hong has registered “科比,” the Chinese transliteration of Kobe, as well as “KB-Kobe” as a trademark in class18 for use on handbags, suitcases and wallets. Nike, Inc. (Nike), who owns the right of using Kobe’s name, protested the registration with the trademark to Trademark Appeal Board and sought for a reexamination, but the request was denied. Therefore, Nike appealed to the Beijing No.1 Intermediate People’s Court. The case has yet to go to trial. It is reported that Mr. Hong has successfully registered the trademark of “科比.”

Baidu Wenku accused of online copyright infringement

Han Han, one of the most famous writers in China, has filed a lawsuit against Baidu Wenku, a famous online platform which provides free reading, uploading and downloading of files, documents and books, claiming that the defendant has infringed his copyright and should pay 760,000 yuan ($120,000) in compensation. The first hearing of the case was conducted at the Haidian District People’s Court in Beijing on July 10th. The plaintiff did not represent himself. After a four hour hearing, neither the plaintiff nor the defendant accepted the judges’ mediation and the judges did not deliver a verdict at the end of the hearing.

Alibaba offers news services to promote IP protection

In order to help the SMEs become more conscious of IP protection and more capable of solving IP problems, Alibaba Group (Alibaba), a famous online marketplace provider in China, upgraded its IP service channel. The move aims to help the SMEs to connect and communicate with professional IP service agencies, which may allow them to provide IP related services in a faster and more convenient way. Some enterprises may develop in advance with the help of these professional IP service agencies. Recently, Alibaba has signed a memorandum on IP with Zhejiang Yuyang IP Co. Ltd., (Yuyang). Yuyang will provide free online IP services to Alibaba members regarding consulting, commissioning and special training, etc.

Dangdang sells fake Casio watches

Dangdang, one of China’s major online stores, sells fake Casio watches, China Central Television reported. A consumer surnamed Li bought an E-F-543D-1A Casio watch on Dangdang, which frequently malfunctioned. The watch and three others bought by CCTV reporters were tested to be fake. All Casio watches on Dangdang went offline immediately after the CCTV report. Service staff said Dangdang is checking the authenticity of Casio watches with the online seller.

Cartier files for trademark infringement

Cartier S.A. (Cartier) has recently filed two lawsuits in Pudong district court because of trademark infringement and unfair competition. The defendant, Shanghai Yishiduo E-commerce

 

Co., Ltd. (Yishiduo) who operates the online shopping site Yihaodian.com was accused of selling fake Cartier products online. Cartier stated that Yihaodian.com has used the same trademark with Cartier in promotion with ads products with the “classic design of Cartier” or Cartier related words. Therefore, Cartier filed a lawsuit, seeking a court order the defendant to cease the infringement and unfair competition activities. Cartier also sought a court order requiring Yishiduo to clarify in newspapers and on its website that there is no connection between the two products in order to undo any influence the infringing claims may have had on potential consumers. Moreover, the plaintiff claims compensation for economic losses of 500,000 yuan and for reasonable losses of 50,000 yuan.

GPH and JDB fight over the patent rights of the packaging and decoration of the red-canned herbal tea

Ever since Hong Kong Jiaduobao Group (JDB) has requested the revocation of arbitration, the trademark dispute of Wong Lo Kat (WLK) between the Guangzhou Pharmaceutical Holding Ltd. (GPH) and JDB has been pending judgment. However, another dispute over the patent right of the decoration of the red-canned herbal tea has been raised. On July 9th, GPH announced that JDB has allegedly infringed its rights to the red-canned herbal tea, which should be investigated. and therefore it has filed a lawsuit against JDB. The court has accepted the case. However, JDB holds that the aforesaid right belongs to JDB and that GPH’s continuous usage of the red-can in the market is confusing and misleading the consumers.