Apple ** longer has the exclusive rights to the "iPhone"
Trademark in
China after the Beijing Municipal High People?s Court ruled in favor of
Leather goods manufacturer Xintong Tiandi Tech**logy earlier in March. As reported by
Legal Daily [
Google Translate], the decision will let the Beijing company continue to sell
Leather bags and cases
With the brand name "IPHONE" on each cover without fear of legal blowback from
Apple (via
Quartz).
The Cuperti** company filed for a
Trademark of the iPhone name in
China back in 2002, specifically centering around computer software and hardware, but Xintong Tiandi didn't do the same for
Leather goods until 2007, the year the iPhone launched in the United States. The
Leather case
Maker was granted that
Trademark in 2010. Following a few years of growing iPhone success,
Apple decided to take the case to the Chinese
Trademark authority in 2012, subsequently filing a lawsuit in a lower Beijing court, and eventually losing both.
Xintong Tiandi's trademarked IPHONE case
The Chinese
Trademark authority's decision stemmed from its belief that "the general public will **t link the
Trademark in dispute
With Apple to harm its [Apple?s] interests," stating that
Apple could **t prove "iPhone" was a well-k**wn brand in
China before Xintong Tiandi trademarked it in 2007.
Apple continued to appeal, all the way to the Beijing Municipal High People?s Court, but the final decision has come and echoes the
Trademark authority's conclusion that the company can't prove it was a k**wn
Trademark before 2007, since Apple's iPhone didn't launch in
China until 2009.
Apple retains the computer software and hardware rights to the iPhone trademark, but
With the new ruling, Xintong Tiandi can continue to manufacture and sell its "IPHONE" branded cases to the Chinese public. The
Accessory Maker hopes that
Apple will work
With it moving forward to create a market that is beneficial to both definitions of "iPhone" consumers.
Xintong Tiandi wrote on its website that the court?s decision is a reflection of a ?free market.? ?We will also make full achievement of the ?iphone? trademark, and work together [with Apple] to benefit more iphone consumers!,? it said on the site.
China is Apple's second largest market in total revenue following the United States, and the company has been following a
steadfast strategy of expanding its presence in the country
With numerous retail shops
opening frequently over the past few months. Still,
unease and concern With China's strict internet policies have led to a few mishaps
With Apple products. Most recently, that included the
unexpected closure of the iTunes and
iBooks stores when a dystopian film depicting Hong Kong in an unfavorable light launched on Apple's digital platform in the country.
Tag:
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