Is it illegal to advertise iphone repair/customization services? For Profit, using NON OEM parts, and warning the customer it violates their Warranty terms. (generally not official Apple parts in the repair/customization)
State/Country relating to question: New Mexico
Google. Apple/Apple Services EULA, TOS.
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No, it's not illegal unless you're alleging that the parts used are genuine if they're not. That is, if you are knowingly selling counterfeit Apple products, that would be illegal. But if they're OEM, non-Apple products, even though you're not an authorized seller or repair facility, it's not illegal. It might violate terms of service, and they could threaten you with a lawsuit (trademark, if you infer a certain level of affiliation or approval by Apple), but there's no crime that is committed.
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I used parts ordered from Amazon.com.... they aren't legitimate Apple parts, exact replicas, but not made in a apple facility. People want colorful iPhones, Apple obviously has only white and black, but the parts are available from other companies. Is it illegal?
And I never tell them they are actual apple products... of course...
Yes. So long as they don't have the Apple logo on it (it would be trademark infringement if it did) then it would be legal.
well example, the back glass always has an apple on it.....
ive never even seen a backglass that didnt have a apple on it.
That's more difficult. Trademark infringement (think counterfeit Rolexes) go down all the way to the dealer.
That is, knowingly selling products that purport to be from a certain company that are not is trademark infringement, and in certain instances it could be criminal.
It would certainly be a civil issue.
I mean, i suppose they have the rights to sell the product, or they wouldnt be selling them anymore. they all have a different patent number.
Assuming that they're not copyright infringement (that is, that they're not trying to represent themselves as legitimate Apple products) then you wouldn't have any criminal issue with it.
Awesome. Thanks Robert. Excelent Service-
My pleasure, and again, good luck to you!
Licensed Texas General Practice Attorney
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