The Shanghai case marks the latest round in a long-running and multi-pronged legal battle between Apple and Proview.

Shanghai - A trademark dispute between Apple and a Chinese computer maker moved to Shanghai on Wednesday, where the debt-laden plaintiff is seeking to stop the sale of the US giant's iconic iPad.

Proview Technology (Shenzhen) says it owns the Chinese rights to the “iPad” name and is asking the Shanghai court to order Apple to stop selling its trendy tablet computer in the city, where it has three stores.

Lawyers for both companies would exchange evidence at Wednesday's hearing and the Pudong District People's Court would then decide whether the case should proceed to trial, a court official told AFP.

The Shanghai case marks the latest round in a long-running and multi-pronged legal battle between Apple and Proview, which has been badly hit by the financial crisis, over the rights to the iPad name.

The Taiwan affiliate of Proview Technology (Shenzhen) registered “iPad” as a trademark in several countries including China as early as 2000 - years before Apple began selling its product.

The US titan subsequently bought the rights for the global trademark, but Proview Technology (Shenzhen) claims the Taiwanese affiliate had no right to sell the Chinese rights.

Apple last year took the firm to a Chinese court, claiming trademark infringement, but the court ruled the US company lacked “supporting facts and evidence” for its claim - even though a Hong Kong court had previously sided with Apple.

Apple is now appealing that case but Proview, which makes computer monitors, has itself filed trademark lawsuits against Apple in China and is threatening to sue the technology giant in the United States for $2 billion.

Proview's lawyer, Xie Xianghui, said Tuesday the company was preparing for talks with Apple, raising hopes for a settlement.

Xie's remarks came a day after Apple's law firm warned Proview of possible legal action over “defamatory statements and unlawful actions” aimed at interfering with Apple's business, according to a letter seen by AFP.

In another lawsuit, a Chinese court last week ordered an electronics chain store to stop selling Apple iPads at a branch in the southern city of Huizhou, according to the GH Law Firm which represented Proview.

Proview, based in China's southern boomtown of Shenzhen, has also filed complaints with local governments in several Chinese cities, resulting in seizures of iPads in at least two places.

Analysts expect the companies will eventually reach an out-of-court settlement.

“Apple has so much cash, they will look at the situation, they will look at how their profits are going to be impacted, and if it looks like it is going to be significant they will just pay and take care of it,” said Ben Cavender, a senior analyst at China Market Research Group. - Sapa-AFP

The publicity surrounding Apple’s assembly lines in China has been described as the computer world's “Nike moment”.

London - The publicity surrounding the assembly lines in China where Apple devices are constructed by workers paid so little they do not get deducted tax has been described as the computer world's “Nike moment”.

Foxconn has now allowed in cameras to see workers assembling devices such as iPads. One executive said: “You being here is part of the openness, part of the learning, part of the change that Foxconn is undergoing.”

Since the low wage levels were highlighted in The Independent and other media the company has decided to raise them by an average of 25 percent, but Apple has already faced widespread criticism. However, there are hopes the exposure will result in extensive improvements in conditions.

“We call it the 'Nike moment' in the industry,” Ines Kaempfer, of the Fair Labor Association, told ABC. “There was a moment for Nike in the '90s, when they got a lot of publicity; negative publicity. It's probably like Apple. They're not necessarily the worst, it's just that the publicity is starting to build up. And there was just this moment when they just started to do something about it. And I think that's what happened for Apple.”

The average starting salary at the factory of less than £1 (about R12) an hour meant workers could do 80 hours overtime and still not earn enough to reach the minimum tax bracket. - The Independent

Apple has dethroned Google as the company with the most respected image in the eyes of consumers, according to a study.

Apple dethroned Google as the company with the most respected image in the eyes of consumers, according to Harris Interactive study results.

The maker of iPhones, iPads, iPods and Macintosh computers got the highest score ever seen in the annual Harris Poll RQ study, which asks people to rate the reputations of 60 of the most well-known US companies.

“Apple's current dominance is built on strong investments in its brand, predominately through its products and services,” the authors said in summary.

“Despite today's challenging environment, Apple records the highest score in the RQ's history.”

Of six categories measured, California-based Apple ranked top in financial performance, products & services, vision & leadership, and workplace environment.

Google, which had the highest reputation score in the study last year, was nudged to second place despite “an excellent score.”

“We are seeing the emergence of a group of companies that garner reputation equity by being positively associated with multiple industries,” said Harris Interactive executive vice president Robert Fronk.

“Companies like Apple, Google, and Amazon.com combine innovation and leadership across multiple business areas, giving them true competitive advantage.”

Online retail titan amazon.com scored highest in the study's “emotional appeal” category while grocery chain Whole Foods led the “social responsibility category.” - AFP

Cisco says it is challenging Microsoft's $8.5 billion takeover of Skype at the EU's top court.

Brussels - Cisco says it is challenging Microsoft's $8.5 billion takeover of Skype at the EU's top court to ensure Microsoft won't block other video conferencing services.

In a blog post on Wednesday, Marthin De Beer, the head of Cisco's video conferencing division, said “Cisco does not oppose the merger, but believes the European Commission should have placed conditions that would ensure greater standards-based interoperability.”

He said Cisco, which offers the WebEx teleconferencing service, wants the European Court of Justice to get the Commission to create open standards for video conferencing, similar to what exists for mobile phone calls.

Such standards would eventually allow WebEx users to make calls to users of Skype and other services like Google Voice.

De Beer said that without these standards, Microsoft could end up with sole “control (of) the future of video communications.” - Sapa-AP

Smartphone manufacturer HTC has launched a local office which will look after the Sub Saharan region.

Cape Town - HTC has launched a local office to grow its presence in South Africa and then on into the Sub Saharan region.

The smartphone manufacturer will retain Leaf International Communications as its sole distribution partner for South Africa although the nature of Leaf's involvement will change.

Jon French, HTC Vice President of Sales and Operations for the EMEA region, told Telkom Do Gaming in an exclusive interview that HTC is looking to build the foundations for a strong brand in South Africa before replicating it elsewhere in Africa.

“The move into South Africa has nothing to do with our relationship with Leaf, but was merely a change in the distribution strategy for Sub Saharan Africa. Leaf has been a great partner. As a major brand, you want your own people to drive growth in the region,” he says.

As a result, HTC has appointed Ian Shore as country manager. Shore is well respected within in the mobile industry where he has worked for almost 15 years and was previously head of product at Samsung Mobile.

French adds that HTC retains Leaf as a strategic partner who will service 8ta, Cell C, Nashua Mobile, Autopage Cellular and Virgin Mobile, while HTC will focus its direct resources on MTN and Vodacom.

Interestingly, the changeover began around April last year around the time that French moved from being executive director for the UK, Ireland and South Africa to his current position. Shore was then appointed late last year.

French says HTC's aim is to build the brand locally and the market's understanding of what sets HTC smartphones apart from its competitors. Shore adds that the focus for HTC locally will be on HTC's Android devices.

“We'll be focusing on the Hero product set initially (ie. phones launched in multiple markets) which is a strong family of devices and will help build the HTC brand locally,” French says.

That's not to say that HTC won't be bringing in Windows Mobile smartphones. French says HTC has been with Microsoft since the beginning of Windows Mobile and remains committed to the partnership. Interestingly, HTC is probably better known for its Windows Mobile devices in South Africa.

And while HTC's certainly shown its belief in the local market by launching a regional office in tough global economic times, it is on the back of a poor fourth quarter in 2011, where the company's results dipped slightly compared to the same period in 2010, with operating income dropping 26 percent.

Locally, both French and Shore will undoubtedly be aware that they face stiff opposition on the Android front from the likes of Samsung, the company both men worked at before joining HTC. And on the Windows front, Nokia's Lumia will no doubt give them a run for their money. - Telkom Do Gaming

“Apple takes working conditions very seriously and we have for a very long time.”

San Francisco - Apple chief executive Tim Cook said on Tuesday that ensuring safe working conditions at plants making its coveted gadgets is a priority, as an audit of a key supplier continued in China.

“Apple takes working conditions very seriously and we have for a very long time,” Cook said during an on-stage interview at a Goldman Sachs Technology and Internet Conference in San Francisco.

“We know people have a high expectation of Apple; we have an even higher expectation of ourselves.”

Cook's comments came a day after a labor watchdog group began sanctioned checks of working conditions at a massive Foxconn plant in southern China that makes products for the California-based gadget-maker.

Apple agreed last month to allow inspections by the Fair Labor Association (FLA) following reports that employees were overworked and underpaid at Foxconn factories in China.

The Taiwan-owned Foxconn is the largest manufacturer of Apple products.

FLA teams will also inspect factories owned by two other Taiwan-owned manufacturers, Quanta and Pegatron, which also make Apple products.

Apple said the FLA's findings and recommendations will be posted on its website, fairlabor.org, in early March.

“In terms of problems we are looking to fix, no one in our industry is doing more to improve working conditions than Apple,” Cook said.

“We are constantly auditing facilities looking for problems, finding problems and fixing problems, and we report everything because we think transparency is incredibly important.”

Apple has taken to micro-managing schedules at plants to safeguard against employees working more than 60 hours weekly and considers intentionally hiring underage labor a “firing offense,” he added.

Apple reported blockbuster quarterly earnings last month with net profit more than doubling to a record $13.06 billion and revenue soaring to an all-time high of $46.33 billion.

Shares of Apple have been rising steadily on the release of a string of hit products starting with the iPod in 2001, followed by the iPhone in 2007 and the iPad in 2010.

Apple shares soared past $500 on Wall Street for the first time on Monday and closed at $509.46 on Tuesday, a gain of 1.36 percent on the day.

Cook said that despite an unprecedented 37 million iPhones sold in the last quarter, Apple has only begun to tap into the gargantuan, and growing, global mobile phone market.

“It was a decent quarter,” Cook said in an understatement that prompted laughter from the audience. “This is a jaw-dropping industry; we see tremendous opportunity.”

The annual smartphone market is projected to hit a billion units in the year 2015, with a quarter of that demand to come from China and Brazil, according to Apple's chief executive.

The global success of iPhones has put Apple products in the minds of hundreds of millions of people around the world getting online for the first time in the mobile age.

“Everyone in every country wants the best product, not a cheap version of the best product; that is the common thread that runs through,” Cook said.

He was adamant that it is just a matter of time before the tablet market, set ablaze by the iPad, overtakes the market for desktop computers.

“It doesn't mean the PC (personal computer) is going to die,” he said. “But I strongly believe the tablet market will surpass the PC market.”

Cook said the Apple board of directors is having “very active discussions” regarding whether the whopping $98 billion in Apple's coffers means it is time to loosen purse strings and pay shareholders a dividend or buy-back stock.

“We spend our money like it is our last penny,” Cook said of Apple.

“We are not going to go have a toga party here or do something outlandish,” he said of Apple's frugality. “People don't need to worry that (the money) is burning a hole in our pocket.”

Cook sidestepped a question regarding what mark he expected to leave on Apple, saying instead that he will maintain the winning formula cooked up by late co-founder Steve Jobs.

“Apple is this unique company, unique culture that you can't replicate,” Cook said. “I'm not going to witness or permit the slow undoing of it.” - Sapa-AFP

A Chinese tech firm is petitioning Chinese customs to stop shipments of Apple's popular iPads in and out of the country.

Hong Kong - A Chinese tech firm that claims it still owns the iPad trademark will seek a ban on exports of Apple's computer tablets from China, which could deal a blow to the US technology giant's sales worldwide.

Proview Technology (Shenzhen) is petitioning Chinese customs to stop shipments of Apple's popular iPads in and out of China, but has not received a response, lawyer Xie Xianghui told Asian Legal Business, a Thomson Reuters publication.

Apple said it bought Proview's worldwide rights to the trademark in 10 different countries several years ago, including rights to the iPad name from a Taiwan subsidiary. However, Proview claims the sale did not cover the trademark's use in China.

“Proview refuses to honour their agreement with Apple in China and a Hong Kong court has sided with Apple in this matter,” an Apple spokeswoman said.

Customs officials could not be reached for comment, and Proview declined to comment.

Apple could be in a very difficult situation if it had mistakenly bought rights from the wrong Proview subsidiary, said Thomas Chan, a Los Angeles-based attorney who has represented companies in trademark licensing negotiations with Apple.

“They've got a real, real problem,” Chan said. “They're going to pay through the nose.”

Apple's legal tussle with Proview Technology (Shenzhen) over the trademark name iPad, is emerging as the latest headache for the U.S. giant in a booming market and highlights the legal challenges facing foreign multinationals operating in China.

Not only is China a huge consumer market but it is also a major production base for the US company's iconic products including the iPad, iPhone and iPod media player.

This week Apple announced it had agreed to an outside inspection of working conditions at its main contract manufacturers, including Foxconn's plants in southern China.

Apple lost a case to Proview Technology (Shenzhen) in a Shenzhen court in southern China late last year when the court agreed that Proview owned the iPad trademark.

Apple has appealed the decision and a final hearing is due to start in the southern Guangdong High Court on Feb 29. This court's decision will be final under the Chinese legal process.

Proview's latest salvo comes a day after media reports that authorities in some Chinese cities had ordered retailers to stop selling Apple's iPad due to the dispute. It has asked authorities in about 20 cities, including Shijiazhuang near Beijing, to stop the sales.

Proview has also filed lawsuits against Apple in Shanghai and Shenzhen, and retailers selling iPads in Futian and Huizhou, located in the south of the country.

Apple's options are limited to either settling with Proview Technology (Shenzhen), appealing to a higher court, or facing devastating enforcement actions in China, legal experts said.

“There are two views we can take here. One view is, Apple was not sufficiently prudent and therefore, this was missed by Apple and its attorneys,” said Elliot Papageorgiou, a Shanghai-based partner and executive at law firm Rouse Legal (China).

“A more charitable view would be that, Apple said that for business reasons we need to use this brand and as far as the name in China is concerned, let's cross the bridge when we come to it,” he said.

Proview lawyer Xie, partner of Grandall Law Firm's Shenzhen office, said Apple is not in negotiations with the Chinese firm.

Local media reported recently that Proview was taking legal action, seeking up to 10 billion yuan ($1.6 billion) in compensation from Apple for trademark infringement.

“Without a win in that Shenzhen case, all the other actions, whether it is administrative or with different courts, customs, Apple is not in a good position at all,” said Stan Abrams, an IP law professor at Beijing's Central University of Finance and Economics. - Reuters

Evidence previously emerged that workers at Foxconn’s factories were forced to work seven days a week in cramped conditions with limited safety protection.

Apple shares hit an all-time high as the company announced it would investigate the alleged “sweat shop” conditions in its supplier’s factories.

The shares broke through the $500 (about R4 000) mark in early trading in New York, valuing the electronics monolith at just shy of £300bn.

It came as the Fair Labor Association began investigating the conditions in the facilities of Foxconn, the company that manufactures the iPad and iPod, at Apple’s request.

Evidence previously emerged that workers at the Taiwanese firm’s factories were forced to work seven days a week in cramped conditions with limited safety protection. Last year two explosions in iPad factories killed four people and injured many more, and in 2010 one of the plants, which employs 400,000 workers, saw a string of staff suicides.

“We believe that workers everywhere have the right to a safe and fair work environment, which is why we’ve asked the FLA to independently assess the performance of our largest suppliers,” said Apple chief executive Tim Cook.

Investigators will have “unrestricted” access to Foxconn’s Shenzhen and Chengdu plants.

They will publish results in March before turning to assess conditions in the facilities of Quanta and Pegatron, two other Apple suppliers. - Daily Mail

Apple has dramatically raised the stakes in its patent war with rival phone manufacturer Samsung.

New York - Apple has dramatically raised the stakes in its patent war with rival phone manufacturer Samsung, saying the South Korean company should be barred from selling its new Galaxy Nexus smartphone in the US.

The Galaxy Nexus is the first of a new generation of phones running the latest version of Google's Android operating system, and received rave reviews from critics when it launched in October.

But the product is one of a number of Samsung devices that infringe on patents held by Apple, the iPhone maker alleges in court documents. It copies Apple's Siri voice-recognition software and several iPhone features, including being able to dial a number directly from a website, it claims.

Apple failed to get an injunction against the sale of earlier Samsung devices while the two companies prepare to slug it out in court, but it says it is even more urgent to stop patent infringement on this new generation of phones.

“The smartphone market is at a critical juncture, as the overwhelming majority of consumers move to smartphones, and the consumers' long-term preferences and purchases may be determined to a great extent by the operating system on their first smartphone,” Apple's lawsuit said.

Apple and Samsung accounted for 95 percent of all the profits made by phone manufacturers in the final three months of 2011, over the crucial Christmas period, according to a research report by Canaccord Genuity. But the South Korean firm was a distant No 2, with 15 percent to Apple's 80 percent.

The patent war could have a big impact on that balance of power, since the company that emerges victorious will reap royalty payments from the other.

Samsung said on Monday: “We continue to assert our intellectual property rights and defend against Apple's claims to ensure our continued innovation and growth in the mobile communications business.” - The Independent

Brazil wants to stop Twitter users from alerting drivers to police roadblocks, radar traps and drunk-driving checkpoints.

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Sao Paulo - A request for an injunction to stop Twitter users from alerting drivers to police roadblocks, radar traps and drunk-driving checkpoints could make Brazil the first country to take Twitter up on its plan to censor content at governments' requests.

Twitter unveiled plans last month that would allow country-specific censorship of tweets that might break local laws.

“As far as we know this is the first time that a country has attempted to take Twitter up on their country-by-country take down,” Eva Galperin of the San Francisco-based Electronic Frontier Foundation said in a telephone interview Thursday.

Galperin, who described the foundation as “a digital liberties organization,” predicted governments will be taking similar opportunities to censor Twitter traffic.

“Twitter has given these countries the tool and now Brazil has chosen to use it,” she said.

Carlos Eduardo Rodrigues Alves, a spokesman for the federal prosecutor's office, said the injunction request was filed on Monday. He said a judge was expected to announce in the next few days whether he will issue the order against Twitter users.

The attorney general's office said in a statement that tweeted alerts about police operations jeopardize efforts to reduce traffic accidents and curb auto thefts and the transportation of drugs and weapons.

According to the statement, traffic accidents throughout Brazil kill 55,000 people each year and cost the country 24.6 billion reals, or about $14.3 billion.

If the judge rules in favor of the injunction, anyone who violates it could be hit with a daily fine of 500,000 reals ($291,000), the statement said.

San Francisco-based Twitter Inc. said in an email that it had “nothing to share on this issue.”

Under Twitter's new policy, a tweet breaking a law in one country can be taken down there at a government's request. But it adds that censored tweets will still be seen elsewhere.

Twitter has said it will post a censorship notice whenever a tweet is removed and will post the removal requests it receives.

It said it has no plans to remove tweets unless it receives a request from government officials, companies or another outside party that believes the message is illegal. - Sapa-AP