Sina Technology News, February 24th - In the morning Beijing time, Wintek has filed a lawsuit against Apple in the United States, accusing the company of fraud when purchasing the iPad trademark, and therefore it should not continue to enjoy the ownership of the trademark.
This lawsuit was submitted to the Superior Court of California on February 17th but has not been disclosed until now. Wintek claims that on December 23rd, 2009, Apple established the IP Application Development company through a law firm they hired, spending £35,000 (approximately $55,000) to purchase the registered iPad trademark from Wintek, involving fraudulent behavior during this process.
In the complaint, Wintek stated that Apple did not explain the true purpose of purchasing the trademark when using IP Application Development to buy the registered iPad trademark, thus constituting fraudulent behavior.
An Apple spokesperson reiterated that the company had purchased the iPad trademark through proper channels from Wintek and added: "Wintek refuses to comply with the agreement signed with Apple in China, whereas the Hong Kong court has already sided with Apple on this issue." A Wintek spokesperson declined to comment.
Insiders revealed that part of the cause of the case is that during their negotiations, Apple did not disclose sufficient information about how to acquire the registered trademark and who approved the acquisition.
In their email exchanges, a representative claiming to be from IP Application Development told Wintek that because it was the company's abbreviation, they hoped to purchase the iPad trademark, and their future products would not compete with Wintek's products.
This lawsuit escalates the legal battle between Wintek and Apple, as they have already faced each other in courts in Hong Kong and mainland China.
The case is crucial for both parties. The proportion of iPad in Apple's revenue and profits is increasing day by day, and the device launched in 2010 has become an important brand comparable to iPhone and iPod.
According to the complaint, around 2000, Wintek registered the iPad trademark in multiple countries for its products. Wintek stated that its products were developed with the help of companies like Motorola. However, due to the financial crisis and the bankruptcy of its two top clients, Polaroid and Circuit City, Wintek abandoned this plan.
Wintek demands compensation from Apple and hopes the court will dissolve the previous agreement regarding the iPad trademark, prohibiting Apple from continuing to use the name in its products.
For Wintek, if they win the lawsuit, they could obtain much-needed funds through potential licensing fees or new agreements. This computer monitor manufacturer has recently applied for bankruptcy protection.
Additionally, the Shanghai court has rejected the action to ban the sale of iPads in the city. According to Apple's request, the court decided to delay the trial until the Guangdong Higher People's Court makes a ruling in related cases. The Guangdong Higher People's Court is expected to hold a hearing on the appeal next Wednesday.