Apple Lossless Audio CODEC (ALAC), suffered a stinging defeat in a trial in Norway, and its echo could be a very good omen for consumers across the European continent, if the final decision remains the same as the one in the first instance. In 2017, Apple sued the owner of a GSM service after he ordered refurbished screens from China for iPhone, which were seized at the Norwegian border at Apple's request.
Apple accused the Norwegian of infringing its brand patents because he uses non-original parts in the repairs made for the iPhone, these being bought from various companies in Asia. The screens were reconditioned using components from original screens, but Apple considered that the parts are actually counterfeit and asked the man to pay a fine of approximately 3000 euros and to sign a document by which he undertakes not to buy such parts.
Apple - stinging defeat in an important trial in Europe
The man refused and was sued by Apple, where the American company lost in the first instance, the judge denying any logic or utility in placing the Apple logo on iPhone components. The judge ruled that Norwegian law does not prohibit the use of refurbished parts as long as they are 100% compatible with the products they end up in, and that brand patents cannot protect the components because their protection cannot be applied to them.
"The court decided that Norwegian law "does not prohibit a Norwegian mobile repair person from importing mobile screens from Asian manufacturers that are 100 percent compatible and completely identical to Apple's own iPhone screens, as long as Apple's trademark is not applied to the product. It is not obvious to the court what trademark function justifies Apple's choice of imprinting the Apple logo on so many internal components."
The process is an extremely important one, because if it is won, it could also convince others to open in other countries, perhaps even allowing the repair of Apple products outside of authorized services, as long as the components are compatible, without losing the warranty. Apple is involved in such a battle in the US, but it could have a similar one on the European continent if a precedent were set in Norway that shows that its restrictions are unjustified.
