After the U.S. technology company Apple Inc. settling iPad trademark dispute with a Chinese company by paying $60 million of settlement, it receives more IP-related lawsuits in China.
A Chinese household chemical products company, Jiangsu Snow Leopard Household Chemical Company (江苏雪豹日化公司) suited Apple, alleging that use of the term “snow leopard” for Apple’s operating system violated its trademark right on registered mark “雪豹”.
Jiangsu Snow Leopard disclosed that they made trademark registrations for the mark “雪豹” (Chinese term for “Snow Leopard”) in different classes as early as 1994. In 1997, they registered the mark in Class 3 which was recognized as a well-known trademark in March 2008. In 2000, they registered a similar mark in Class 9. In total, Jiangsu Snow Leopard made 42 trademark registrations for “雪豹” related marks. Obviously, the Chinese term for snow leopard is also part of the company name.
According to Jiangsu Snow Leopard, Apple filed two applications for the mark “snow leopard” in Class 9 in October 2008 and the applications were rejected in December 2010 by citation of the prior registration in the same class. On November 2008, the company was notified of non-use cancellation against the registration in Class 9. Although the cancellation was initiated in the name of a Chinese company, Jiangsu Snow Leopard believes that Apple is the canceller behind the curtain.
Upon receiving a decision cancelling the registration in November 2011, Jiangsu Snow Leopard appealed the decision to the Trademark Review and Adjudication Board.
In June 2012, Jiangsu Snow Leopard initiated a legal action against Apple and several Chinese companies promoting Snow Leopard operating system in China, claiming damages of RMB500,000 (approximately $80,000).
In June 2009, Apple released its Snow Leopard operating system upgrading from Leopard.
A hearing was held in a court in Shanghai on July 10, 2012 but no decision was made.
On June 21, 2012, a Shanghai-based Chinese company called Shanghai Zhi Zhen Network Technology Company, Ltd. (上海智臻网络科技有限公司) took a legal action in a court in Shanghai against Apple and its subsidiary company in Shanghai for patent infringement, alleging Apple’s intelligent personal assistant Siri used in iPhone 4S violated its Chinese patent. The patent involved, ZL200410053749.9 filed on August 13, 2004, relates to a robot system that responds to voice questions and commands.
No damages claimed are disclosed