Reporter / Jin Ji
This, in global dimension authority suffers a defeat " apple " , what should want to review oneself is proud.
If advocate,the empire that perfect Qiaobusi knows to he is built single-handed is in the be thwarted appearance of this month, can you enrage so that from California handkerchief Luo Aer holds AltaMesa in the palm to commemorate the park climbs?
In December 2011 to " apple " for it is a back really. It is the United States and Australia were overruled respectively first " apple " pair of SamSung that put forward (small gain) of smartphone and flat computer ban carry out to make, it is next " apple " Shenzhen appeals to in Chinese inland only brand of coronal tort IPad and first instance loses a lawsuit; Meanwhile, the European Union announces to be opposite " apple " reach the electronic books publisher with 5 main whole worlds to spread out antitrust to investigate, investigate them to whether conspire to restrict the competition of electronic books market; Still Germany adjudicates " apple " encroach Motolora (small gain) mobile patent and prohibit importing much money " apple " product...
Malic company ever sued all sorts of companies that are suspected of brand or patent tort inside alive bound limits, connect the school and cafe cannot escape by sheer luck. And supply chain company to expose exposed pollution and factory of sweat and toil to wait for a problem to itself, "Apple " expression appears ambiguous however. This, in global dimension authority suffers a defeat " apple " , what should want to review oneself is proud.
IPad brand folds halberd China
canon ef 15mmIf you are of use IPad " fruit pink " , you may daydream did not think of, this flat computer in your hand cannot cry " IPad " , be in China at least inland is such. On December 5, court of Shenzhen city intermediate people sues with respect to American apple company only coronal science and technology (Shenzhen) limited company (next weighing " Shenzhen only coronal " ) encroach case of its IPad brand to make first instance adjudicate: Reject " apple " litigant request. This is meant, "Apple " IPad sells or in Chinese inland incognito, or pays fee of costly brand accredit, use IPad brand to will become tort otherwise.
The origin of this trademark dispute wants date from 2000. In those days, found 11 years in Chinese Taipei only group of coronal science and technology prepares to march flat computer, registered IPad trademark in many countries and area then. After a year, the wholy-owned subsidiary that the company is in Shenzhen -- only coronal Shenzhen also registered IPad trademark in Chinese inland, and malic company has not rolled out IPad flat computer at that time. 2006, when " apple " the discovery when beginning a plan to roll out IPad, IPad trade mark right returns to appeared on the market in Hong Kong 1997 only coronal international company is all. The shell company that then malic company uses England to hold water -- IP applies for to expand limited company, with " cancel is unused need not brand " for sue in England only coronal international, but end in order to lose a lawsuit.
"Apple " at the outset company of IP of have the aid of lends his name and only the coronal engages in a lawsuit, it is not to hope ask a price of all over the sky of the other side. By 2009, IP company and only coronal international comes to an agreement, latter and subordinate Taipei only brand of whole world of coronal general IPad is made over with the price of 35 thousand pound. However, taipei only the property that the coronal does not have mainland IPad trade mark right, the range that its IPad ownership of trademark covers is besides Chinese inland other 10 countries and area. The IPad brand of the mainland all the time by Shenzhen only the coronal is all, although two companies are only the branch that coronal international establishs in Chinese Taipei and Shenzhen, but equity relation has very big difference. "Apple " think oneself were bought however at that time include Shenzhen only coronal inside all IPad brand, this is buried for in the future lawsuit played a hint foreshadowing later developments in a story.
2010, when market of land of the home in rolling out IPad of personalized flat computer to keep abreast of when malic company, ability discovery is jural have a free t mobile prepaid cards risk, under one anger Shenzhen only the coronal told a court, intermediate court o the best selling memory laptop toshiba f justice of request Shenzhen town returns the Chinese inland trade mark right of IPad his all, in the meantime, requirement Shenzhen only because trade mark right belongs to RMB of losing of investigation cost, retaining fee place,the coronal compensates for his 4 million yuan. Shenzhen town intermediate court of justice accepted this proposal on April 19, 2010, and on Feburary 23, 2011, on August 21, 3 times open a court session will hear this case on October 18. Court with Chinese inland " contract law " for the basis, first instance was rejected " apple " square entire lawsuit request, the case accepts cost RMB forty-five thousand six hundred yuan by " apple " just assume.
"Apple " not poor money, but be defeated this too uglily. And the accused square Shenzhen only because the coronal is sued this of the apple " salty fish turns over " . Shenzhen only the coronal is in Shenzhen once illustrious and famous, rank the whole world for a time manufacturer of monitor of the 4th large slab, be in however 2008 the be heavily in debt after financial crisis, go bankrupt nearly. Nowadays, only coronal Shenzhen is all asset already was take-overed by 8 banks such as bank of Bank of China, the people's livelihood, still owing a bank now ten 100 million. Suffer a bank to entrust, with gentleman poineering president Li Su held the position of Shenzhen only coronal debt recombines adviser. Li Su discovers, shenzhen only coronal hardly the asset with valuable what, remain IPad brand to have value most only. Accordingly, of the trade mark right of field and this apple contend for Shenzhen be consideringed as only of the coronal help straw.
Be in " apple " after first instance loses a lawsuit, li Su puts forward to ask malic company compensates for 10 billion RMB, he thinks " apple " the hope that did not win on this thing, be in absolutely and passive position. Shenzhen only acting lawyer of the coronal is a country grand lawyer group ( free canon ef 15mm Shenzhen) the copartner Xie Xianghui of the office, he to " new civilian weekly " express, this case still is in legal 30 days inside a:appellant period. Up to when distributing news dispatches, the apple has not put forward to appeal. In addition, shenzhen only the coronal still parts to the court of Shenzhen and benefit city to lodge a complaint, the agent of requirement apple IPad stops brand tort. It is reported, sessional time is to was mixed on December 30, 2011 respectively on January 17, 2012. Xie Xianghui emphasizes: "We can consider settled out of court, because litigant time is too long. " and act as agent " apple " the office of attorney of Guangdong deep earth of this case and respect of malic company China, reject to accept interview or publish any opinion on public affairs.
Legal expert introduced from the northern and western nationalities or from abroad steel expresses, once adjudicate Shenzhen finally only the coronal has IPad to be in China outback trade mark right, shenzhen only the coronal can shift to an earlier date to malic company date from tort is sued, ask for compensation, but because decide process of brand tort loss is complex, both sides may be reached finally reconcile.
Does Logo resemble an apple? Be no good!
In respect of trade mark right, "Apple " expression appears aggressive. It never has announced specific standard, but always with " sex of label presence likeness " for to other company hair lawyer cases. This lets many people plaint: Only should with the apple a minute of likeness is spent likely the accused, eat an apple to want later gingerly?
"Apple " so clinging counterpoise at brand dimension, because the company once was in,be big fall has dropped above this. 1978, england wraps around the music that head person establishs publishs a company " malic company " (AppleCorps. ) those who accuse Qiaobusi " apple " brand tort, latter compensate 80 thousand dollar is affirmatory never march musical business, ability finish lawsuit. Arrived 1991, begin when the Mac of malic company inside when buy MIDI software, both sides is in court again fight hand-in-hand. Reach the 2nd times subsequently reconcile, malic company pays 26.5 million dollar, acquired the right that computer domain and software use malic label in relevant product thereby. And when ITunes served sortie music market 2003, bilateral the 3rd engage in a battle, in the negotiation that is as long as 4 years, defined two companies to use the detail of malic name and image further. Allegedly, qiao Busi to obtain " apple (Apple) " all rights and interests of brand, spent 500 million dollar.
Since then, malic company was worn the Logo that oneself safeguard in global each district like demon.
2008, the environmental protection that malic company says New brooch pins york city plans " green new York " (the mark of Green NYC) brings about consumer promiscuous, desalt the uniqueness of malic b the best selling brooch pins rand, brought to malic company damage. "Green new York " the lamp that also is not province oil, state new York is called " big apple " the history is longer than malic company much, the newest design that Newyork city uses in different situation and malic company do not have a relation absolutely. This matter ends up with nothing definite later, if you are landed now " green new York " can see when the website, the mark of green apple still is being used up to now.
Was 2008 likewise, the apple returns pair of Canadian Victoria commerce and technical school (Te free scooby costume chnology) of of Of Business And of Victoria School issues lawyer letter, ask its remove next signs that have malic appearance. President Deteer Jieerhade (Gerhard) expresses Dieter : "Look from the exterior only, the mark of the school has its uniqueness. If we were used blue, green two kinds of color, still contain above ' VSBT ' model of written characters. can the practice that any use apples are out of shape the mark is used at the technology to teach is opposite does malic company brand cause tort? can the practice that any use apples are out of shape the mark is used at the technology to teach is opposite does malic company brand cause tort??
2009, the apple is in with Foxtel of stage of Australian pay TV the banner leaves adult channel with respect to stick to one's position of brand tort issue endlessly, of latter official net " little unfavorable " there is a small red apple in the mark. Australian supermarket interlinks inn Woolworths to also be not put by malic company bite into. Woolworths brand whole is green, design adds an apple that pares for a leaf, represent the W of first English letter of Woolworths. Malic company still criticises British music division popularizes a company " poisonous apple " (tort of brand of Poison Apple) , the apple that because latter uses a,was bitten serves as a mark. north face shirts
These dispute did not get above be solved finally at present.
Besides the brand that has existed, malic company also strives to strangle the new Logo of apple of be similar in shape in the cradle.
This year on July 19, square fruit is filled south Sichuan (tall muscle) the lawyer that milling limited company gets Beijing casting to be sent into substation of attorney office Guangzhou cases, allege the brand that Fang Guozheng is applying for and malic Logo are very similar, be suspected of tort. Square fruit is the company of a food that town south county charges south Sichuan province, its product includes oil of flour, noodle, rice, grain, snacks to wait. And when receiving a lawyer to case, square fruit tries to apply for the malic brand of a red white alternate with, the apple is left next horn have one gap. 16 kinds of products that just apply for if really are included in management category " notebook computer " and " electronic game software " , this and apple have the category photograph coincide of trade mark right.
Zhao Yi of square fruit general manager expresses, the company adds category of a lot of product when applying for new brand, it is for prospective program not only, also be to having brand authorization when necessary. Casting becomes a law place plum is quite unripe express, the new brand of churchyard of close monitoring China applies for the apple state. Just should move if really only the leaf image that removes new brand, dismantle the category that conflict exists with the apple in merchandise category, dispute can be dissolved. However, zhao Yi is not willing to compromise. He says: "I am square fruit, it is a fruit, leaf take out, resemble a mine. Attorney office there after giving out a lawyer to case, also had not communicated with us. " Zhao Yi still made 1000 questionnaire, imprinting above square fruit and apple the Logo of two companies, extend on section of brand of the 4th China these questionnaire, let everybody judge judge which is right.
In December the middle ten days of a month, when " new civilian weekly " when contacting Zhao Yi, he states he has authority to use label, the most popular t mobile prepaid cards do not have and " apple " reach any agreements. The reporter is in south on the square fruit page that fills municipal government introduction, did not see and " apple " similar new Logo. And casting becomes law place and malic China respect to be opposite this closely guard a secret.
"Apple " big to the brand of the developed country fight also none be irresolute when firmness is needed. This year October, germany western the silk overcoming Li of urban Bonn lows · Luo Mo (Christin Ms. Romer) , receive the letter that comes from American apple company to be sent from California headquarters, tell her to founded this year in May " malic baby " (the trade mark right that the mark of Apfelkind) cafe violated malic company, especially leaf of malic color, apple and malic appearance, make easily the brand that consumer couplet thinks of malic company. Him Luo Mo designs the Logo of small shop: A red apple is showing one build to wear the profile of the child of the cap. She likes this Logo very much, the cushion that imprints in cafe, chair, cup even on deliver goods bicycle.
Luo Mo says: "Original when I cannot believe, subsequently I call a lawyer. " Luo Mo rejects to recall brand application, her lawyer hopes Munich Patent Office can settle this matter. Luo Mo says: "I envisage astral Buck in that way, let this mark make my brand. I am thinking even, after the business expands, my meeting accredit is used to someone else ' malic baby ' this mark opens cafe, for this I should register it above all for brand. " at least now, luo Mo's cafe still is using this Logo.
Fundamental patent soft costal region
Be kept constantly on the run on brand big fight " apple " , also hit out again and again in patent respect, but time and again be rebuffed. This year in June, the apple is the same as intent Nuojiya (small gain) pay number the dollar, as Nuojiya is used on IPhone the compensation of intellectual property. December, motolora wins the lawsuit in Germany, let malic IPhone 3G, IPhone 3GS, IPhone 4, because encroached Motolora to ban carry out possibly in the patent of mobile network respect in Germany,wait for a product with IPad flat computer.
The apple is the biggest this year sufferring a defeat is be in with SamSung of smartphone and respect of flat computer patent global big fight. " Steve Qiaobusi passes " in ever wrote Qiaobusi to had said a word: "If need, I should exhaust in last force and malic account all ready money of 40 billion dollar, will correct this wrongdoing, I should destroy An Zhuo. Because it is the thief of a theft, for this I not hesitate start thermonuclear war. " it seems that in the motive that the apple starts patent war, besides commercial competition element, still having individual feeling factor.
But, apple not only play away the lawsuit that is in Australia and United States, still made free ad to SamSung. Vice president of branch of SamSung Australia communication Taylor Maikeji (Tyler McGee) expresses publicly: "Acknowledgment apple and we engage in a lawsuit greatly, galaxy Tab 10.1 rose considerably in lawsuit famous degree, and the menace of flat computer product that patent dispute also lets more people know SamSung arrived malic IPad, although the computer of Galaxy Tab flat of new now fund just is entered book level, but we may face the situation that demand exceeds supply. " think of SamSung scooby costume can shop in christmas computer of flat of Galaxy Tab 10.1 of busy season sale, "Apple " depressed can be imagined.
To this, the personage inside course of study expresses, compared with Motolora and Nuojiya mobile phone of these two old brand is Caesarean, "Apple " the exterior that patent more centers in the mobile phone and design of a few innovation, be in " mobile phone, operating system, application " foundation of the lack in group of this old organisms' habits is patent.
No comments:
Post a Comment