Kerr & Wagstaffe: iPad Case Highlights Importance of Intellectual Property Law

NEW YORK, NY, July 31, 2012 (Press-News.org) For small brands and innovators, establishing intellectual property can prove essential to retaining creative integrity and avoiding financial blunders. Although large corporations can have an easier time claiming domain over a certain patent, failure to clearly define such creations can result in high-cost litigation. Such is the case in a recent legal battle between Chinese company, Shenzhen Proview Technology and the notable Apple Inc., over the "iPad" name. A recent article from USA Today explains the case in more detail, noting that Apple had paid $60M to protect its ownership of the iPad product. As a law firm specializing in intellectual property law, Kerr & Wagstaffe weighs in on the settlement.

Kerr & Wagstaffe has spearheaded several notable cases involving global patent disputes, including recent litigation involving the invention of WiFi technology in Australia. According to the article, patent law is complex, but when it involves multiple countries, the cases can become even more difficult. In the example of the Apple v. Proview case, the latter company had established ownership of the "iPad" name in 2001 - well before Apple had laid plans for its popular tablet device. Due to the infancy of China's trademark system and a botched "global purchase of iPad rights" on behalf of Apple, Proview sued stating that the rights were never transferred.

Although the Chinese company hoped to gain nearly $400M, Apple settled for a much smaller amount of $60M. Despite the gap in settlement expectations, the amount was a decent compromise for both companies. According to the article, the funds may help Proview stave off bankruptcy and Apple will be able to produce and sell the highly-anticipated iPad 3 in China; these sales will well make up for the $60M originally paid for by the company.

Although the article notes that the circumstances surrounding the dispute were "atypical," Kerr & Wagstaffe partner, Ivo Labar says the results are fairly common. He also notes, "This settlement is a great example of how big brands can be affected by trademark disputes when they pick relatively generic descriptors for their products." Keeping that in mind, Labar and the other Kerr & Wagstaffe associates say the best way to avoid such debacles is to lay a clear plan in the first place; without making sure a certain product is protected in the correct manner, the creator could face high costs in the future.

ABOUT:

Kerr & Wagstaffe is a San Francisco-based law firm that is known for its bold and well-prepared legal representation. The lawyers at Kerr & Wagstaffe are active in a long list of practice areas, including intellectual property rights, patent cases, and constitutional law. Together, the attorneys at Kerr & Wagstaffe have worked on a number of landmark cases, some of which have been controversial and of incredible import within their field. Additionally, Kerr & Wagstaffe helps its clients face more common legal battles with confidence.

To learn more about the legal representation provided by the team at Kerr & Wagstaffe, visit www.kerrwagstaffe.com.