国际商法14405.pptVIP

LOGO 小组成员： Contents Trademark ACT Apple and IP Application Development Ltd. (IPADL) jointly filed a declaratory judgment action to quiet title over two registered iPad trademarks against Proview in China. Apple filed an administrative request with the Trademark Review Board of the State Administration for Industry and Commerce for removal of the registration of the iPad trademarks based on the statutory three years of nonuse. Apple brought an action against Proview parties in a court of Hong Kong for the iPad Trademark Transfer Agreement related dispute. seven iPad trademark cases between Apple and Proview (1) (2) (3) (5) (6) Proview (Shenzhen) brought actions at the People’s Court, alleging that Apple and its distributors infringed upon the plaintiff ’s registered iPad trademarks in China. Various requests were made in the name of Proview (Shenzhen) with different administrative organs to seize or impose financial penalties on Apple and its distributors for selling iPad products in China. In the name of Proview (Shenzhen), a request was filed to effect intellectual property-related border control to forbid the import in and export from China of iPad marked goods of Apple, including the New iPad.. (7) (4) Proview (Taiwan) and Proview International brought an action in a court, alleging that Apple created IPADL to purchase the 10 iPad trademarks of the plaintiffs globally in bad faith, and requested the court to declare the related contracts invalid. Question ： When consumers see the iPad trademark associated with the apple company but without thinking the shenzhen proview company, so whether apple trademark infringement of proview Ipad and IPADconclusion IPAD trademark case apple IPAD marks and shenzhen proview company behind the IPAD trademark should be similar (or same), but because shenzhen proview company dosent have te tablet computer products, consumer at least know what they are buying the IPAD is apples products, consumers in the absence of confus