APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD (唯冠国际控股有限公司) AND OTHERS

APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD (唯冠国际控股有限公司) AND OTHERS

The court found that plaintiffs demonstrated serious issues to be tried on breach of contract, resulting trust, conspiracy and dishonest assistance; plaintiffs would suffer irreparable harm if the China trade mark registrations were disposed of; defendants would not suffer irreparable harm from preservation of the status quo; on balance of convenience an interim injunction preserving the China Trademarks was necessary, therefore injunctive relief was granted in the terms ordered.

Citation
APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD (唯冠国际控股有限公司) AND OTHERS
Parties
1st Plaintiff: Apple Inc.; 2nd Plaintiff: IP Application Development Limited; 1st Defendant: Proview International Holdings Limited; Defendant (proview Electronics): Proview Electronics; Defendant (proview Shenzhen): Proview Shenzhen; Defendant (yoke Technology): Yoke Technology; Defendant (individual, Chairman/ceo): Yang Long San (Rowell)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2011
Case Number
HCA739/2010
Procedural Posture
Civil Action Trade Mark Dispute and Interim Injunctions / Interlocutory Stage Application for Interim Injunctive Relief (inter Partes Hearing/decision)
Outcome
Interim injunctions granted to preserve the China trade mark registrations and restrain defendants from dealing with or representing ownership of the Subject Trademarks; specific ancillary relief ordered.
Legal Topics
Trade Mark Ownership and Assignment, Specific Performance, Breach of Contract, Unlawful Means Conspiracy, Trusts Arising on Contract, Breach of Trust, Dishonest Assistance, Asset Preservation Orders, Balance of Convenience
Source Language
EN
Intellectual Property Trade Mark Law Contract Law Equity and Trusts Tort (conspiracy) Civil Procedure Injunctions Trade Mark Ownership and Assignment Specific Performance +7 more

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Parties

Apple Inc.

1st Plaintiff

IP Application Development Limited

2nd Plaintiff

Proview International Holdings Limited

1st Defendant

Proview Electronics

Defendant (proview Electronics)

Proview Shenzhen

Defendant (proview Shenzhen)

Yoke Technology

Defendant (yoke Technology)

Yang Long San (Rowell)

Defendant (individual, Chairman/ceo)

Procedural Posture

Civil Action Trade Mark Dispute and Interim Injunctions / Interlocutory Stage Application for Interim Injunctive Relief (inter Partes Hearing/decision)

Legal Issues

  1. 1 Whether there is a serious question to be tried concerning ownership and valid assignment of the China trade mark registrations
  2. 2 Whether the Contracting Defendants breached the written agreement to assign the Subject Trademarks
  3. 3 Whether the defendants combined in an unlawful means conspiracy to injure the plaintiffs

Ratio Decidendi

The court found that plaintiffs demonstrated serious issues to be tried on breach of contract, resulting trust, conspiracy and dishonest assistance; plaintiffs would suffer irreparable harm if the China trade mark registrations were disposed of; defendants would not suffer irreparable harm from preservation of the status quo; on balance of convenience an interim injunction preserving the China Trademarks was necessary, therefore injunctive relief was granted in the terms ordered.

Court Disposition

Interim injunctions granted to preserve the China trade mark registrations and restrain defendants from dealing with or representing ownership of the Subject Trademarks; specific ancillary relief ordered.

Orders

  • Continue paragraphs 2, 3 and 4 of Deputy Judge Carlson's order dated 2 June 2010 until after trial or further order
  • Restrain the 1st, 3rd and/or 5th Defendants from representing they are proprietors or have title/rights in the IPAD trade marks (PRC Registrations Nos. 1590557 and 1682310) or are in a position to dispose of them