So, what was the reason for the package being stopped, and then for Apple taking such drastic measures? It turned out that the package contained non-original screens, including those for the iPhone 6 and 6s, which bore the Apple logo. As a result of the package being stopped, Apple sent Henrik an official request to destroy the screens he had received and pay a fine of around $3,500. In addition, the technician was supposed to sign a statement declaring that he would never again buy, sell, or use non-original parts for any devices manufactured by Apple.
Henrik Haseby did not agree to these demands, so the case was taken to court. According to Apple, the owner of the service center, by using counterfeit spare parts, including screens, is violating Apple’s trademark protection rights.
After reviewing the case, a Norwegian court ruled in 2018 that Henrik had not violated the law. The court stated that importing spare parts, including those for mobile phones, is not prohibited in Norway. Furthermore, the court found that using so-called “replacements” does not violate the law as long as they are not marked with a registered trademark of a particular company. In this specific case, the Chinese manufacturer had sent iPhone screens with the Apple logo, but the court pointed out that the logo was placed on the inside of the screen, meaning that the consumer could not and cannot see such a marking. Therefore, it cannot be said that the owner of the Norwegian service center violated the law.
Apple disagreed with this decision and appealed the court’s ruling. Hearings were held in a higher court in late May and early June 2019. What will the final decision be? We will find out soon, but if Apple wins, we could face a dangerous precedent that will primarily affect mobile phone repair services, which could result in independent services losing access to spare parts.
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