Apple Inc. Avoids Trademark Dispute in California Courts ...

A California judge threw out Proview Electronics Co.?s lawsuit against Apple Inc. over the iPad trademark in China, the latest twist in the legal fight over the rightful owner of the tablet?s name.

Judge Mark Pierce in the Superior Court of the State of California in Santa Clara County on May 4 approved Apple?s motion to dismiss the suit, which was first filed in February. The order wasn?t previously disclosed.

In its suit, Proview alleged that it was deceived when the Cupertino, Calif., company acquired the iPad trademarks from it in 2009.

Proview has made the same claims in a court in China?s southern Guangdong province, where the dispute has escalated into one of the highest-profile intellectual property cases for a foreign company in China. That court has urged Apple and Proview to try to reach a settlement.

Proview Electronics is the Taiwanese subsidiary of Proview International Holdings Ltd. and the unit from which Apple acquired trademarks for the iPad name.

After Proview took its legal case to the U.S., Apple argued for the case to be dismissed on the grounds that the parties had agreed to settle any legal disagreements in Hong Kong.

Judge Pierce upheld that view, writing that Proview failed to provide evidence that the selection of Hong Kong was ?unreasonable or unfair,? according to a copy of the order.

An Apple spokeswoman reiterated the company?s earlier claim that it had rightfully purchased the iPad name from Proview, adding ?Proview refuses to honor their agreement with Apple in China.?

Christopher Evans, a lawyer for Proview, said in a statement that the decision to dismiss ?was not based on the merits of the case.?

?We are looking forward to presenting the facts in the case to the appellate court, and we are confident that the facts will show that Apple fraudulently obtained the iPad trademarks,? the statement said.

For information on California Business Law, contact a professional California Business Attorney. In the San Jose area or within California, call Amiel Wade at Wade Law Group at (888) 909-9430.

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