Will Apple win the iPad trademark battle? New evidence obtained

Apple

Apple
(CBS) - Apple won the right to use four documents in its legal battle to use the name "iPad." A Hong Kong court sided with the computer giant Friday, Bloomberg reported.

The documents in question were originally  filed in a Hong Kong court by Proview International Holdings, which holds the international rights to the name "iPad."

iPad no more? Apple faces $1.6 billion trademark lawsuit
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According to Bloomberg, "A lawyer representing Apple said the company wants the documents as it prepares to appeal a November ruling by a Chinese court that Proview's Shenzhen subsidiary owns the iPad trademark in the nation."

Apple could lose the rights to the iPad name if Proview wins the trademark case. The dispute is over whether or not an agreement made between Apple and Proview's Taiwan subsidiary is legal. Apple claimed the trademark was sold to the UK-based company IP Applications, which then sold to Apple in 2010.

The only problem is Proview claims the transaction was made by its Taiwan subsidiary, not the Shenzhen-based subsidiary. Apple claims the Proview's Taiwan subsidiary was acting as a representative for the Shenzhen subsidiary.

New documents obtained by All Things D show what looks like a legitimate email between a Proview representative and Apple. One of the documents alleges that the company is located in Taiwan, not Shenzhen.

"Mr. Ray Mai and I are located in Shenzhen. But the trademark is not belong to Shenzhen company. That the reason why we choose the meeting location in Taiwan," [sic] said Proview representative Huy Yuan.

The battle between the two companies has swept China. It was reported Tuesday that Chinese officials seized 45 iPads for copyright infringement in response to complaints by Proview. Apple pulled the iPad off Amazon China's site, TechCrunch reported Wednesday.

Apple's recent win in the Hong Kong court to use the four requested document is a positive sign that the case can still be won. If Apple loses the battle over the iPad trademark, the company will either have to pay a $1.6 billion fine or drop the name.

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