Martin Schwimmer Quoted in Article Titled “Apple Tactics in China iPad Disput Unusual: Experts”

Our own Martin Schwimmer was quoted in an article by Reuters on the dispute between Proview Electronics and Apple concerning rights in the trademark iPad in China.  According to the complaint filed by Proview, Apple committed fraud by having its lawyers form an opaque special purpose entity to buy the iPad trademark and by sending an email with the allegedly false promise that the entity would not compete with Proview.  According to Marty, Apple has some key defenses including that Proview's licensing deal with Apple said that the agreement itself supersedes all prior representation.  Marty further stated that since Proview did not ask for noncompete protections in the contract, then it may not matter what Apple's lawyers said in an email.