Apple has won a reprieve from having iPads taken off the shelves in Shanghai, scoring a win in its trademark battle with Hong Kong-based Proview Technology over the iPad name.
A local court rejected a request from Proview Technology (Shenzhen) to halt sales of the iPad in the city, agreeing to suspend the ruling on a sales suspension until the larger trademark case is heard, BBC Newsreported.
Proview Technology has already succeeded in having iPads removed from the shelves of a few Chinese stores. Apple lost a similar case over the iPad name in Shenzhen, but it is appealing the decision.
The Chinese vendor has also attempted to have Apple banned from exporting iPads out of China, but commentators doubt the company's chances of success.
Proview Technology alleges that when Apple bought the iPad trademark from a Taiwanese subsidiary in 2009, the sale was invalid. It claims it had no knowledge of its subsidiary's action, and that the subsidiary had no right to sell the name.
But Apple has presented documents in court which it claims proves that the parent knew about and authorized the sale. Some of the contents of these documents are available in a threat to sue for defamation sent by Apple's Chinese lawyers to Proview Technology, and published by IDG News Service earlier this week.
The letter quotes emails allegedly written by Proview management, which state that “the [trademark] does not belong to Shenzhen company but to Taiwan company,” and that once the transaction for the trademarks concluded “then my company will sign the country assignments.”