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Apple lost the trademarks case in Norway

Apr, 16, 2023 Hi-network.com
Apple lost alawsuit over trademark infringement against local Norwegian shop that was selling smartphone parts. Henrik Huseby, owner of small electronic repairs shops that repairs screens for iPhones has imported screens from China that had apple logo but blanked with marker. Norwegian custom authorities that sized one of these shipments notified Apple about this situation. Apple immediately sent notice and takedown letter to Henrik asking  for the goods to be destroyed and sought a settlement in order to avoid the trial. Henrik refused to act upon this letter stating that screens were refurbished originals. Apple initiated lawsuit against Henrik stating that these parts were not manufactures by it and that even if they were refurbished originals they were imported against EEA resale legislation. Henrik argued that in this case Apple want to establish its monopoly over repair its own products, where it is known that it will not sell its parts to anyone else but authorized iPhone shops. Moreover, he argued that Apple logo was not relevant for his marketing (this is why its was banked wiht marker) and that he was not representing itself as authorized Apple shop. The court ruled in favour of Henrik, dismissing Apples claims over trademarks infringement, based on location and function of Apples logo on the sized goods. Also the court considered that there were no violation of Norwegian impots law since Apple logo was not visible nor used in marketing. Apple appealed on this decision.

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