iPad is under multiple channels

The iPad trademark controversy is rapidly escalating. With the Beijing Municipal Administration for Industry and Commerce's “high price ticket” being issued, local industry and commerce departments have started investigating iPad dealers; at the same time, some online e-commerce companies have started to deal with the iPad.

Yesterday (February 15), the reporter of “Daily Economic News (Weibo)” investigated several vendors of Suning, Gome and Five Star Appliances and found that the vast majority of stores did not sell iPads. "Rebated" was different, and the relevant person in charge of the above supplier stated in a positive reply to the reporter that he did not receive the iPad's cancellation notice.

Reasons for leaving the forum are different

Yesterday, following Shanghai, Shenzhen, and Jiangsu, nearly 20 local industrial and commercial administrations have investigated and dealt with Apple stores in their jurisdictions. At present, Apple stores and agencies around the country have started to unload iPads.

At the same time, Amazon.com, Suning.com and other e-commerce sites will also remove the Apple iPad and suspend sales. The relevant person in charge of Amazon China revealed that the move was because the company received notice of Apple's request for removal. At present, information on iPad products cannot be searched in Amazon China, and Suning Tesco also prompts users not to sell iPads for the time being.

In the ultra-ten physical stores of Gome and Suning in the Beijing area, the reporter found that only two iPads were sold, and other stores were generally out of stock. The staff of a branch of China Meimei Electronics Co., Ltd. told reporters that “iPad is out of stock now, not out of stock. But it was all off the shelf because of trademark issues. A few days ago when they were notified, they were about to be removed on the 10th."

The Suning Tesco service hotline operator told reporters that the iPad has been removed from the Beijing area, but is still sold in cities such as Jinan and Zhengzhou. “It’s all about lawsuits.”

At the same time, Gome's online shop also has no iPad for sale. In this regard, relevant person in charge of the Gome e-commerce store in an interview with the "Daily Economic News" reporter said that the Gome e-commerce store iPad with the apple and Shenzhen Proview trademarks of the next fight "is not related."

Responsible personages of Gome and Suning said in their reply to the Daily Economic News reporter that they did not receive Apple's notice of cancellation and waited for the "information of the industrial and commercial departments and other agencies." The relevant person in charge of the electrical appliance distributor, Five Star Appliances, also gave a reply that “has not yet received any notice”.

The business sector in Beijing has remained silent. When interviewed by the reporter of “Daily Economic News”, the employee of Beijing Xicheng District Administration for Industry and Commerce, who accepted complaints of infringement in Apple Stores in Xidan Joy City, did not respond positively to the iPad. The decision to deal with the issue was based on the fact that “the current treatment of the media is not changed because the case is still pending. Therefore, the news will not be released to the public. The Beijing Municipal Bureau of Industry and Commerce will release the news after the conclusion of the case.

Waiting for second instance judgment

Starting in June last year, Shenzhen Proview sued the "iPad" trademark infringement in Shenzhen, Beijing and other places, and the trademark rights dispute finally ended in Apple's first-instance trial. Subsequently, many industrial and commercial departments throughout the country involved in the investigation, Apple stores and agents across the country not only off the iPad, but also face fines.

In this regard, IT professional rights lawyers told the “Daily Economic News” reporter that China’s administrative and judicial dual-track system was applied to trademark infringement cases. Therefore, all local industrial and commercial authorities have the right to implement the suspension and fines for the Apple iPad in accordance with the previous ruling; however, As the judicial means will ultimately determine the outcome of this case, if the industrial and commercial departments around the country immediately implement the processing of the iPad, if the results of the second instance differ from the results of the first trial, then they will be “faced with awkward” situation.

“Now the industrial and commercial departments in various places are waiting for the second trial result to be held in the Guangdong Higher Court on the 29th of this month. Because the proceedings are short for several months and for as long as 2 years, it is difficult to make a conclusion in a short period of time,” said the lawyer.

He also stated that in the process of the second instance, both parties may reach an agreement in the adjustment of the court. "Even if the second instance loses the lawsuit, they can adopt the method of changing the product name and continue to sell products in China, so the compensation that Shenzhen Weiguan will ultimately receive will be greatly reduced."

In 2001, Proview International's Shenzhen Proview registered two categories of iPad trademarks in the Mainland. As a result, Shenzhen Proview is the owner of the iPad trademark in the Mainland and has filed a lawsuit against Apple.