Cargo cult Apple is breathing a sigh of relief after a court has ruled that its missionary work behind the bamboo curtain can continue, at least in some provinces.
Apple’s Tablets of the Law were pulled from shelves after a Chinese firm proved that they violated its trademark.
The move was a blow to Apple, which had been hoping that China’s great wall would convert to Jobs’ Mob’s walled garden of delights immediately.
China was showing great promise with Apple fanboys there prepared to sell their kidneys to get iPods and workers prepared to throw themselves off buildings to make them.
According to the Telegraph, while Shenzhen company Proview Technology won its case against Apple in Shenzhen, it was not so lucky when it came to seeking the injunction against Cupertino in other provincial courts .
The Shanghai Pudong New Area People’s Court ruled in Apple’s favour after a hearing.
Shenzhen Proview Technology registered the iPad trademark in 2001. Apple bought rights to the name for $35,000 from a Taiwanese company affiliated with Proview but the mainland company says it still owns the name in China.
Proview’s lawyer Xie Xianghui argued that the sale of the iPad trademark to Apple by the Taiwanese affiliate in 2009 was invalid.
“Apple has no right to sell iPads under that name,” Xie said.
The court case is proving entertaining to hacks as laywers on boths sides appear to keep slagging each other off and the judge keeps banging his gavel and waggling his wig.
Apple lawyer Qu Miao said Proview appeared to be trying to invoke Apple’s famed reality distortion field as a method of confusing the court.
The argument is that Proview had no market, no sales and no customers, while the iPad is so popular that it is in short supply. It was in the interests of the public good that Apple be allowed to continue selling, apparently.
In other words, since the iPad is more popular, Apple should be allowed to do as it likes. We wonder if that argument would work if Samsung made it in Europe?
Proview, which is said to be deep in debt, argued such considerations were irrelevant. It did not matter if fanboys will go hungry because Apple can’t sell iPads in China, the court must rule according to the law.
He wondered if Apple really had to sell an “iPad” or if it could be sold under another name.
Since that would mean that Apple would have to disobey the orders of its messiah Steve Jobs, that was unlikely.
Meanwhile, Apple has appealed an earlier ruling in favour of Proview in a court in Shenzhen, a city in southern China’s Guangdong province. The Guangdong High Court is due to hear that case on 29 February.