CHINESE HARDWARE MAKER Shenzhen Proview Technologies is extending the reach of its campaign to claw back the rights to the name Ipad.
Late last week we reported that Proview took its case into a California court. Now more is coming out about its complaint.
Proview argues that Apple mislead it during the transaction to buy the name and sent a sham company with a fraudulent story to make the deal. Apple counters that everything was done properly.
In a statement released today the firm said that it has amended the complaint in China, and has filed it with the California Superior Court in Santa Clara. In it the firm accuses Apple of fraud and unfair competition.
The amendments to the complaint are an attempt to add more weight to the argument that Apple behaved fraudulently.
"Among the many allegations in the U.S complaint are fraud by intentional misrepresentation, fraud by concealment, fraudulent inducement, and unfair competition. The complaint provides evidence that the December 23, 2009 agreement that Proview Taiwan entered into was fraudulently induced by the concealment and suppression of material facts by Apple's agents, and that, as a result, the 2009 agreement is void," said the statement.
"Once the agreement is voided for fraud, the Ipad trademarks in the European Union, South Korea, Mexico, Singapore, Indonesia, Thailand, and Vietnam will revert back to Proview Taiwan," it added, suggesting that it is ready to take the lawsuit on a world tour.
Proview suggests that it was a worried Apple that made the deal, and one that wanted to grab the Ipad name as quickly and with as little transparency and honesty as possible.
"While some technology companies create special purpose vehicles in order to obtain trademarks, in this case the sole function of Apple's special purpose vehicle was intentional misrepresentation, and an effort to fraudulently induce Proview Taiwan into a sale of the IPAD trademarks," added Cal Kenney, a spokesman for Proview Taiwan.
"Proview Taiwan had concerns about the purchaser's intentions, and was very diligent in trying to understand the facts surrounding its interest in Proview Taiwan's IPAD trademarks. But even careful diligence is ineffective when the counterparty is engaging in intentional fraud," he continued.
He added, "Proview wants compensation and 'disgorgement of Apple's profits from the unfair competition", and also wants an injunction against the use of the fraudulently obtained trademarks."
We have asked Apple to comment. µ
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