Today's iPad Trademark News ? What Happens if Proview Goes to ...

The latest news is that Proview, owner of the iPad trademark in China, might file an application with China Customs. This wrinkle was reported on?Sina (Chinese) (h/t?Bill Bishop/DigiCha).

According to the Sina report, which includes statements from the Proview legal team, there are now roughly 20 actions in nine provinces pending around the country. I believe these include both administrative actions (AIC) and judicial actions (civil suits for trademark infringement, which may involve preliminary injunction orders).

As I?ve said before, the AIC and court actions could involve raids on resellers or other retailers, fines, seizures of product, formal determinations of infringement, and orders for a public apology. So far, it sounds like the AIC in some cities have merely requested that resellers take iPads off the shelves until the dispute is resolved. Things could be a lot worse for Apple if this goes to the next level and officials get more aggressive. I?m also assuming that these actions are local and that there is no national coordination ? politically, this could happen, but I haven?t seen any evidence of this so far.

Speaking of which, an action with the General Administration of Customs could be significant for Proview, and the Sina article suggests this might be in the works [this has been confirmed since I originally wrote this post]. This is a relatively simple procedure whereby an IP owner, in this case trademark owner Proview, files their trademark certificate with GAC, which is then ?on notice? regarding Proview?s ownership rights.

Even before such a filing, GAC has the authority to stop any import/export of goods suspected of infringing intellectual property. Note that although this includes exports, Apple?s ownership of the mark in most other jurisdictions probably minimizes the danger on that end. This would be a true nuclear option if we were dealing with a patent infringement.

But that?s not how Customs usually operates, which is why I haven?t mentioned this before. Usually, a filing is made with Customs by the IP owner as a first step. After that, the IP owner will determine when a shipment is scheduled, which is usually done by an investigative firm, and then notify Customs of the details. Assuming everything is done properly, Customs will then seize the shipment, the IP owner will pay a bond, and the suspected infringing products will sit there in a warehouse pending resolution of an infringement suit.

The extent to which a Customs action would hurt Apple depends a bit on their supply chain and where these products go once they are assembled. I?ve mulled this over, and without knowing how Apple operates in detail, I can?t really tell how much damage this will do.

I?m getting way ahead of things, but I wonder whether Proview, which is reportedly in severe financial trouble, even has the financial wherewithal to put up the bond for a seizure. In the old days, the amount of that bond would have been equal to the full value of the shipment, but under current regulations, the bond amount is only a small percentage of the declared value. I doubt that we?ll ever find out the answer to this question, but it?s fun to speculate (unless you work for Apple).

Unsubstantiated rumors floating around this morning on the Intertubes speculate that Proview?s creditors might be responsible for legal fees at this point, but I can?t confirm that. It would explain things, though.

So the news here is that Proview may file their IP with Customs. This would be step one, and a shot across Apple?s bow. Would they then go after iPad shipments? That remains to be seen, but as with the infringement suits and AIC actions, Proview also has the law on its side when it comes to a Customs action.

You might be thinking, wow, Proview?s lawyers are really playing hardball here. Yes and no. All of the steps they have taken thus far, including a future Customs action if it comes to that, are par for the course when it comes to trademark infringement. Using courts, AIC, Customs ? this happens every day here in China. These are not extraordinary measures by any stretch of the imagination, and I assume that Apple has anticipated all of this.

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Post tags: apple, customs, proview, trademark infringement

Source: http://www.chinalegalblog.com/en/2012/02/14/todays-ipad-trademark-news-what-happens-if-proview-goes-to-customs-update-2/

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Find Currency Trading Secrets | Finance @ Redbright

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Source: http://www.wrgc.org/essential-information-for-diy-home-improvement-undertakings/

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Force Flyer accelerometer-controlled RC helicopter, we go gloves-on

Being able to wave your hand through the air and control a physical object -- as if by magic -- is everyone's dream. And if you say it's not yours, then you sir or ma'am are a liar. That's why we had to stop at the Regal Elite booth on the floor at Toy Fair. The company was showing off the Force Flyer, an RC helicopter you pilot with an accelerometer-equipped glove. The patented tech, called Glove Force Technology, adds a level of physical interactivity that's more Wii than RC. A small joystick you hold in your palm controls thrust, while tilting and moving your hand through the air gets the chopper to perform acrobatic maneuvers -- or plummet to the ground if you're an Engadget editor. The Regal Elite staff seemed to have pretty good control of the Force Flyer, which gives us hope that our difficulty in keeping the toy airborne was due more to our lack of familiarity and not with the quality of the device. The glove controller on hand was still a prototype (as is much of what's on the floor at Toy Fair), hence the New Balance logo, but the actual internals are around 80 percent complete according to a rep. The smaller, indoor Force Flyer should be hitting the market in late April for $49.95, followed by a larger outdoor version. Check out the gallery below and video after the break for more.

Gallery: Force Flyer accelerometer-controlled RC helicopter

Edgar Alvarez contributed to this report.

Continue reading Force Flyer accelerometer-controlled RC helicopter, we go gloves-on

Force Flyer accelerometer-controlled RC helicopter, we go gloves-on originally appeared on Engadget on Sun, 12 Feb 2012 17:24:00 EDT. Please see our terms for use of feeds.

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Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/g4mZ7vDywhM/

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Biology Of Microorganisms Pdf - Circuit PDF, Electronic Component ...

February 12, 2012 by Mang Isaq

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Criminal Law Attorneys ? Some Insights ...

An overview concerning global criminal law and Phoenix criminal attorneys is presented in this posting. When you read ahead, you have to keep in mind that all information written in this piece of writing is actually inaccurate, imprecise and can even be verified incorrect under the courtroom. It is advisable for you to discuss professionally with your Phoenix felony lawyer to solve your own legal issues if you want legitimate advice.

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Source: http://proveedorespuertoriquenos.com/criminal-law-attorneys-some-insights/

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