Apple Inc won dismissal of Proview Electronics Co’s (唯冠電子) California lawsuit seeking to block it from using the iPad name, according to a copy of the court order obtained by Bloomberg News.
Proview, based in Taiwan, has sought to block shipments of Apple’s iPad tablet computer in and out of China.
In the case, filed in state court in San Jose, California, Proview claimed a December 2009 agreement to sell iPad trademarks to an Apple unit called IP Application Development Ltd should be canceled.
The Apple unit made “false” statements to Proview in correspondence before the agreement, according to the filing.
HONG KONG
Apple successfully argued that the case should be dismissed because the agreement required that the dispute be resolved in Hong Kong.
Apple “provides evidence that plaintiff specifically requested the Hong Kong forum and is litigating there currently,” Judge Mark Pierce said in his decision on Friday last week.
Proview “does not, in opposition, present evidence that demonstrates that enforcement of the forum selection clause is unreasonable or unfair,” Pierce said.
Jill Kopeikin, a lawyer representing Proview, did not immediately return a call and e-mail seeking comment on the ruling.
WORLDWIDE RIGHTS
Apple acquired Proview’s worldwide rights to the iPad trademark in 10 countries, including China, the Cupertino, California-based company said on Feb. 14.
Proview claimed Graham Robinson, an agent for IP Application, used the name Jonathan Hargreaves in correspondence with Proview before the Dec. 23, 2009, agreement to acquire all of Proview’s iPad-related trademarks for ￡35,000 (US$56,540), according to court filings.
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