It’s been a week since I last wrote about Apple (Nasdaq: AAPL) and even longer since I wrote about its simmering trademark dispute with a failing Chinese electronics company, so I thought I would close out this Good Friday with some comments on the latest development in that story, which appears to be slowly turning in Apple’s favor. I should start off this post by repeating that I firmly support Apple in this dispute, not because I favor the big guy over the little guy, but rather because I think Apple is in the right and Beijing should send a clear signal that it won’t allow its legal system to become a playground for irresponsible companies to extort money. But let’s move beyond that and look at the latest news, which has the company, a nearly insolvent PC monitor maker named Proview (HKEx: 334), seeking to stop the import of Apple’s new iPad model to China pending resolution of the dispute over rights to the iPad name in China. (English article) Proview’s latest move comes just days after one of its creditors launched a failed bid to push the company into bankruptcy, with Chinese officials preferring to wait until the iPad trademark dispute is resolved. A Chinese court ruled in Proview’s favor in the case last year, after the company argued it had registered the trademark in China a decade ago, even though it stopped producing any products under the iPad name several years ago. Apple had purchased rights to the iPad name in a number of markets, including China, under a broader deal before the release of its popular line of tablet computers in 2010. But for reasons that have yet to be fully explained, at least not in the media, the trademark transfer was never officially consummated in China and thus Proview was still technically the holder of the iPad name for that market. Now, rather than admit it failed to complete its part of the iPad name sale, the financially struggling Proview is seeking to use its own failure to keep its word, Proview is attempting to earn some much-needed extra money by selling Apple a trademark that it technically already sold under the earlier deal. Apple, which has appealed the case to a higher court, won a victory in Shanghai earlier this year when a court in that city ruled that Proview couldn’t block the sale of iPads in Shanghai until the appeals court made its final ruling. (previous post) I suspect that any attempts to stop import of the new iPads by Proview under this latest move will also meet with similar failure, as Chinese customs officials probably don’t want to get involved in this dispute until they absolutely have to. Meantime, I also suspect that top leaders in Beijing may be getting involved in this case, following a meeting last week between Apple’s CEO Tim Cook and Chinese premier-in-waiting Li Keqiang (previous post), and I would say the chances for a final ruling in Apple’s favor are now better than 50 percent.
Bottom line: Proview’s latest move to block the new iPad from entering China is mostly talk, as the odds for victory in its trademark dispute with Apple sink below 50 percent.
Related postings 相关文章:
◙ Apple Wins iPad Round in Shanghai: New Justice? 苹果在iPad商标侵权案中扳回一局
◙ Apple Bytes: Labor, a State Visit and Baidu 库克中国行猜想:他在下一盘很大的棋
◙ iPads: An Endangered Species in China? 中国高级司法官员应介入iPad商标权纠纷
I’m going to do something today I don’t usually do and comment on an interesting report that appeared on a Chinese website that has since been removed regarding a potential massive investment by Apple (Nasdaq: AAPL) in Taiwanese electronics giant Hon Hai (Taipei: 2317), one of its biggest iPhone manufacturing partners. The reason for my exception is that the deal sounds extremely intriguing and makes lots of sense in the current climate, even though removal of the article and lack of similar reports in western media make me suspicious of whether anything is really happening. But let’s move past all this discussion and look at the report itself, which said that Apple was preparing to make a massive $9.76 billion investment in Hon Hai, which was going to issue new shares in the form of global depositary receipts (GDRs) to make Apple its second largest shareholder. Hon Hai currently has a market capitalization of about $40 billion, meaning an investment that size, presuming it was new shares, would make Apple the owner of about 20 percent of Hon Hai’s shares. Again, I want to emphasize I have serious doubts about whether such a deal is actually being discussed for the reasons I previously mentioned. But at the same time, I really do believe that such a deal makes lots of sense for both Apple and Hon Hai for many reasons. From a cash standpoint, the investment would represent a minor amount of money for Apple, which has so much cash at this point, around $100 billion to be exact, that it took the unusual step last month of restoring a dividend for shareholders after a 17 year gap, and also said it would buy back another $10 billion worth of its stock. (
I’m feeling slightly artistic this morning, hence my choice of headline for this posting which is a reference to the famous Samuel Beckett play “Waiting for Godot,” about 2 people excitedly waiting for a person who will probably never appear. The same story could be true for ZTE (HKEx: 763; Shenzhen: 000063), whose just-released results showed plunging profits and rapidly rising costs as the company takes a risky bet on the low-cost smartphone market that may bring in lots of new revenue but never pay any returns in the form of new profits. (