Apple Lost Lawsuit Against Independent iPhone Repair Shop in Norway Over Unauthorized Parts

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Apr 13, 2018.

  1. MacRumors macrumors bot

    MacRumors

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    Apple last year sued an aftermarket repair shop in Norway, accusing the owner, Henrik Huseby of infringing on Apple's trademarks by using non-genuine aftermarket repair parts.

    Details on the lawsuit were shared today by Motherboard, a site that has been covering "Right to Repair" efforts in the United States.

    Apple started out by sending Huseby a letter demanding that he stop using aftermarket displays to repair broken devices after Norwegian customs officials seized iPhone 6 and 6s replacement screens that were addressed to him and discovered they were counterfeit.

    [​IMG]
    Image via iFixit

    Huseby had ordered the screens, which were "refurbished screens assembled by a third party" from Hong Kong. The displays were refurbished using genuine broken iPhone components.

    Apple wanted Huseby to destroy the counterfeit displays, pay a fine of about $3566, and sign an agreement not to manufacture, import, sell, or otherwise "deal with any products that infringe Apple's trademarks." Huseby decided he would not sign Apple's settlement, instead deciding to fight it, leading Apple to sue him.

    According to Norwegian news sites, Apple had five lawyers working on the case against Huseby, but he ultimately won when the court sided with him. Apple appealed the decision and Huseby is waiting to hear whether or not a court will accept the appeal.
    "They threw all kinds of claims against me and told me the laws and acted so friendly and just wanted me to sign the letter so it would all be over," Huseby told Motherboard. I had a good lawyer that completely understood the problem, did good research, and read the law correctly."

    As Motherboard points out, while the specifics of the legal case will only be relevant to Norway, the lawsuit should be of interest to other independent repair shops around the world who may face similar situations with Apple. In the U.S., for example, Apple has worked with ICE and the Department of Homeland Security to seize counterfeit parts and raid independent iPhone repair shops.

    It's no surprise that Apple does not want its iPhones and other devices repaired with counterfeit and inauthentic parts because it can lead to a whole slew of problems, and in fact, damage caused by such repairs can void a device's warranty.

    Some repair shops don't want to pay Apple's fees or submit to Apple's restrictions to become an Apple Authorized Service Provider, however, which is the only way to receive genuine replacement parts. This dispute between Apple and independent repair shops is at the heart of the "Right to Repair" legislation that Apple is lobbying against in several states.

    Apple may also be disabling certain iPhone features after repairs are done by aftermarket shops, even when using genuine parts. Earlier this week, a report suggested iPhone X, iPhone 8, and iPhone 8 Plus display repairs disable the ambient light sensor on the devices, preventing the device's auto brightness features from working. It's still not clear if this is a bug or intentional, as Apple has not commented.

    Article Link: Apple Lost Lawsuit Against Independent iPhone Repair Shop in Norway Over Unauthorized Parts
     
  2. goobot, Apr 13, 2018
    Last edited: Apr 13, 2018

    goobot macrumors 603

    goobot

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    #2
    Anyone who gets their device repaired unofficially is taking the risk of damaging their phone. That’s their choice. If they go to a shoddy guy to save a few bucks then that’s their fault.

    Edit: I mean that if you choose to repair elsewhere than Apple and you go to someone shoddy that’s your fault. Not that everyone that isn’t Apple is shoddy.
     
  3. macjunk(ie) macrumors 6502a

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    Wow! How big is Henrik's shop? Should be pretty big to warrant Apple trying to take him out
     
  4. theheadguy macrumors 65816

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    #4
    You can’t add a primary factor to this list, that Apple loses money?

    Nobody will accuse you (MR) of being an anti-Apple site if you just try a little harder to be neutral news source.
     
  5. Aluminum213 macrumors 68040

    Aluminum213

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  6. JPack macrumors 68000

    JPack

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    #6
    Talk about being overbearing.

    Apple wants to control your wallet even after your buy the iPhone.

    The replacement displays don't have Apple logos. No wonder Apple lost this lawsuit.

    Enough with the scare tactics. Yes, we know if we choose to use "unofficial" or non-OEM parts, it could mean the devastation of planet Earth. Let us do that.
     
  7. timborama macrumors 6502

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    Obviously their phone is already damaged, so I’d say nothing to lose. Props to this guy.
     
  8. alex00100 macrumors regular

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    #8
    Wow this news article sounds like I’m reading about nazi police.
     
  9. nvmls Suspended

    nvmls

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    Norway is an outstanding country who will not let fat corps like the fruit oppress any consumer's right to choose whether to repair or not or where to repair, their purchased devices. While in America some admire the fruit's "work ethics", some other countries stand by their people.
     
  10. mw360 macrumors 65816

    mw360

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    Counterfeit, genuine, inauthentic, refurbished? Which is it? There's something missing from this story, and if found, would probably explain why exactly Apple thought they had a case.
     
  11. JediZenMaster Suspended

    JediZenMaster

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    Can’t believe some people would not mind having counterfeit parts.
     
  12. nvmls Suspended

    nvmls

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    Apple is not making magic, tons of people are able to fix Apple's gadgets, whether the company develops practices to make it harder to repair seems to make sense when you have more money than brains, of course in a free country one should be able to support whichever they consider.
     
  13. diipii macrumors 6502a

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    Apple should learn about that real world beyond it's own delusions of grandeur.
     
  14. skinned66 macrumors 65816

    skinned66

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    Ammo K with this.

    I think manufacturers should be providing aftermarket parts; especially ones like Apple who like to up sell extended warranties for a couple of extra bills and make sure you end up paying through the nose for repairs if you don't take it. Of course, that's not ideal for their business model, which is precisely why it doesn't happen and why right to repair laws are even an idea.
     
  15. CWallace macrumors 603

    CWallace

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    Chinese manufacturers have been significantly improving the quality of counterfeit / unauthorized iPhone-compatible displays and I'm going to hazard a guess that Apple trademarks the design and dimensions of the iPhone's screen and perhaps also the process used to bond the glass to the LCD display to try and thwart this.

    In countries with lax IP laws (like China), this trademarking is effectively useless, but I imagine Norway does have strong IP laws so this is why Apple would go through with the lawsuit. Based on the one sentence that is quoted from the Court's ruling, it sounds like the Norwegian court did not see the trademark symbol - or lack thereof - as sufficient grounds to prevent the importation and use of these counterfeit / unauthorized iPhone-compatible displays for repairs.
     
  16. shareef777 macrumors 68020

    shareef777

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    Apple trying to bully their way as usual. Pathetic. All they have to do is void the warranty on any device that fails due to a 3rd party repair. Not that complicated. But instead, their greed is trying to force people to go through Apple for all repairs.
     
  17. UnusedLoginID macrumors member

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    #17
    If the phone is out if warranty, it’s the customer’s decision to go to a 3rd party or not. Usually cheaper.
    As to “counterfeit” that’s what the lawsuit is about but since it seems the screens do not have any Apple mark, it’s not counterfeit.… Like selling a Louis Vuitton looking bag without the Louis Vuitton brand. No lawsuit will win that battle and that’s what Apple is finding out the hard way.
    Of course if in its advertising the guy said they were “genuine” parts, then there’s misrepresentation to the customer and a customer may win a lawsuit against the guy, still not Apple…
     
  18. Matthew.H macrumors 6502

    Matthew.H

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    #18
    Bit hypocritical of Apple trying to sue an independent repair shop in Norway for importing refurb parts when Apple doesn't even have an official store in the country.
     
  19. A7ibaba macrumors regular

    A7ibaba

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    #19
    With every fiscal year Apple becomes more and more people unfriendly.
     
  20. kafka27 macrumors newbie

    kafka27

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    Why not ? Not all Apple users are brainwashed ... " mobile screens from Asian manufacturers that are 100 percent compatible and completely identical to Apple's own iPhone screens.."
     
  21. mi7chy macrumors 601

    mi7chy

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  22. JPack macrumors 68000

    JPack

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    Apple considers any part not new from Apple as counterfeit.

    Most cracked displays only require replacing the top glass lens. The actual LCD or OLED can be salvaged.

    Right now, you can't even swap the displays between two brand new iPhone 8 devices and expect it to work correctly. Apple deems this repair as UNauthorized.
     
  23. panjandrum, Apr 13, 2018
    Last edited: Apr 14, 2018

    panjandrum macrumors regular

    panjandrum

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    #23
    Calling replacement parts "counterfeit" isn't accurate unless the part is marked/branded as an original part. For example, you can walk into an auto parts store and purchase the original part for your Lotus or Porsche or Alpine or what have you, and they may be able to provide an OEM part, and/or they may be able to provide a part which is a replacement made by a different company. It isn't "counterfeit" unless it is falsely sold/marketed/labeled/marked (??) as an OEM part. There were, for a time, a LOT of counterfeit "Apple" chargers on Amazon (hopefully that has been mostly cleared-up at this point). But it's an important distinction to make. If this shop wasn't actually using counterfeit parts, but simply using third-party replacements (and telling customers this), then what is the owner doing wrong?
     
  24. realeric macrumors 6502a

    realeric

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  25. The Cappy macrumors regular

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    “100 percent compatible and completely identical”
    You should base an argument on something that’s probably not true. (Such an argument is unsound). I doubt Apple is making a pile of cash in repairs. On the other hand, it damages their image an an Apple device fails, and nobody will be reporting that some ****** put bad parts inside of it in order to save himself money.
     

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