CBP defends seizure of OnePlus Buds, claims trademark violation

AppleInsider

U.S. Customs and Border Patrol on Monday defended its seizure of 2,000 pairs of OnePlus Buds, claiming that they violate Apple's trademarks for AirPods.

Credit: OnePlus

Earlier in the day, the agency claimed to have intercepted 2,000 counterfeit AirPods units. In its announcement, the CBP was seemingly unaware that it had, in fact, seized legitimate OnePlus Buds and not knockoff AirPods.

Hours later, in a statement to The Verge, a CBP spokesperson said that the agency had not made a mistake by intercepting the legitimate product.

"Upon examining the shipment in question, a CBP import specialist determined that the subject earbuds appeared to violate Apple's configuration trademark. Apple has configuration trademarks on their brand of earbuds, and has recorded those trademarks with CBP," the spokesperson said. Configuration trademarks cover the general appearance of a product, if you were wondering. "Based on that determination, CBP officers at JFK Airport have seized the shipment under 19 USC 1526 (e)."

Additionally, the agency added that its seizure of the earbuds was "unrelated to the images or language on the box," adding that "a company does not have to put an 'Apple' wordmark or design on their products to violate these trademarks."

The CBP spokesperson concluded by saying that the importer "will have many opportunities through the adjudication process to provide evidence that their product does not violate the relevant recorded trademarks."

A source within Apple corporate not authorized to speak on behalf of the company told AppleInsider that the company has nothing to do with the seizure.

indiekiduk

It's a shame they had to make another statement to state the obvious.

avon b7

They are digging a bigger hole for themselves.

They claimed they were counterfeit Apple products. 

They clearly aren't. Not in packaging or content. 

badmonk

This is so funny...if only they did this for every shameless shoddy Apple knock-off product.

sflocal

The Apple-haters and iKnockoff supporters are having a field day with this on the Twitterverse.  I actually support what the CBP did.  They are knockoffs.  It's similar to the whining going on with the Samdroids when Samsung stole the design (and icons) of the iPhone when it first came out.  Of all the design possibilities one could do, OnePlus decides to copy Apple's design?  Like Samsung, OnePlus did it for one reason only.  It could pass off as an Apple product from a distance, and they can ride Apple's coattails.

Screw them.

rayz2016

avon b7 said:

They are digging a bigger hole for themselves.

They claimed they were counterfeit Apple products. 

They clearly aren't. Not in packaging or content. 

Well, I thought the same way in the last thread, but I imagine they know the law better than you or me. 

They’re clearly not counterfeit Apple products. They’re products based on a stolen trademarked design. Just because they’ve worded it badly, doesn’t mean a crime hasn’t been committed. 

eriamjh

avon b7 said:

They are digging a bigger hole for themselves.

They claimed they were counterfeit Apple products. 

They clearly aren't. Not in packaging or content. 

Idiots aren’t backing down.  

They’re copycats.  Shameless copycats.  

ronn

Doubling down on stupidity. Which they have to do after all the hype they put out there with the seizure, press release and twitter statement. Just admit the mistake and move on. 

fatman

FU To all the counterfeiters. The proof NO other ear buds looked like this prior to Apple’s AirPods, They even ripoff the same white color and charging case. Maybe the Chinese Government should invest in design classes for their citizens. Would love to see what ideas 1.4 billion people could come up with without resorting to stealing - they could possibly come up with a better design than Apple.

cloudtalkin

Rayz2016 said:

avon b7 said:

They are digging a bigger hole for themselves.

They claimed they were counterfeit Apple products. 

They clearly aren't. Not in packaging or content. 

Well, I thought the same way in the last thread, but I imagine they know the law better than you or me. 

They’re clearly not counterfeit Apple products. They’re products based on a stolen trademarked design. Just because they’ve worded it badly, doesn’t mean a crime hasn’t been committed. 

Why would you imagine they know the law better than you or me or anyone for that matter?  Dumb people get hired in critical positions all the time.  45.  Stolen trademarked design?  Based on what, the CBP's claim?  Hee hee.  They didn't word their claim badly, btw.  They claimed counterfeiting, got roasted for making an obviously bogus claim, and tried to save face by moving the goalpost to trademark violation.  BS, but par for the course.  When this gambit fails, they'll come with something else.  

Apple is staying far away from this turd.  They don't want any of that CBP stink rubbing off.  

sflocal

Fatman said:

FU To all the counterfeiters. The proof NO other ear buds looked like this prior to Apple’s AirPods, They even ripoff the same white color and charging case. Maybe the Chinese Government should invest in design classes for their citizens. Would love to see what ideas 1.4 billion people could come up with without resorting to stealing - they could possibly come up with a better design than Apple.

It actually says a lot about China and its ability and (lack of) ethics.  They get their claws on one item, they'll make a billion of them the next day.  I give China credit for its manufacturing prowess.

When it comes to their ethics, it's in the dumpster.  This is a classic example of them taking a design - and a trademarked design - giving the middle finger to Apple and STEALING that design to take sales away from Apple.  With all those people in that country, and the only R&D they have is a company in Cupertino?  It's embarrassing.

Don't get me wrong... South Korea is right next to them.

flamaryu

Why do people need keep being china into this they do OnePlus is indian and it is mostly made in India. They hate the Chinese and two these were approved by the fcc so I doubt there trade mark problem here which is the reason apple is staying far away from this one.

dewme

avon b7 said:

They are digging a bigger hole for themselves.

They claimed they were counterfeit Apple products. 

They clearly aren't. Not in packaging or content. 

Yep, never admitting an obvious mistake isn’t a good look. They’re making a big deal out of something that should have just been an “oops, my bad.” This should have been a “no big deal” situation with a one-hour Twitter half-life. 

If the CPB has suddenly become the savior of Apple’s trademark virtue, I suggest they slide on over to Amazon.com and search for “fully wireless earbuds.” Not only will they find several sub-$50 AirPod knock-offs that make the seized OnePlus easily pass the sniff test, they’ll find several AirPod Pro knock-offs as well that are knocker-knock-offs than the OnePlus units. All of these are sitting somewhere in Amazon fulfillment centers, warehouses, shipping containers, etc., with import control traceable documents that’ll lead the CBP to easy fodder for their next seizure reveal party. Low hanging fruit ripe for picking.

Heck, this one even puts an Apple logo in their ad...

https://www.amazon.com/Bluetooth-Wireless-Headphones-Headphone-Charging/dp/B08D9NQTXW/ref=sr_1_35?crid=3TAOPFUEDB1Y4&dchild=1&keywords=fully+wireless+earbuds&qid=1600127433&sprefix=Fully+wire%2Caps%2C160&sr=8-35

edited September 2020

duhsesame

"OnePlus (or whoever imported the OnePlus Buds) “will have many opportunities through the adjudication process to provide evidence that their product does not violate the relevant recorded trademarks,” according to the CBP spokesperson. Reached earlier today, OnePlus declined to comment on the seizure. The company declined again after seeing the CBP statement."

Not even a big deal.  If they OnePlus think it's a joke, they can sue them.

sflocal

flamaryu said:

Why do people need keep being china into this they do OnePlus is indian and it is mostly made in India. They hate the Chinese and two these were approved by the fcc so I doubt there trade mark problem here which is the reason apple is staying far away from this one.

daalseth

CPB is just trying to CYA

xed

CBP thinks they get to be judge and hurt on trademark law now? 🤣

rotateleftbyte

dewme said:

If the CPB has suddenly become the savior of Apple’s trademark virtue, I suggest they slide on over to Amazon.com and search for “fully wireless earbuds.” Not only will they find several sub-$50 AirPod knock-offs that make the seized OnePlus easily pass the sniff test, they’ll find several AirPod Pro knock-offs as well that are knocker-knock-offs than the OnePlus units. All of these are sitting somewhere in Amazon fulfillment centers, warehouses, shipping containers, etc., with import control traceable documents that’ll lead the CBP to easy fodder for their next seizure reveal party. Low hanging fruit ripe for picking.

CBP vs Amazon? The loser won't be the CBP. Amazon is simply too big to be taken down like this.

OTOH, Amazon simply don't care about trademarks and the rest especially product safety. Where there is a buck to be made, they are in there making it for their dear leader, Bezos.

I'm no fan of Amazon.

azblkhawk

Nice article.  Only correction ... (CBP) Customs and Border PROTECTION.  I believe customs and border patrol is a mash up of 2 different components.  

xed

rotateleftbyte said:

dewme said:

If the CPB has suddenly become the savior of Apple’s trademark virtue, I suggest they slide on over to Amazon.com and search for “fully wireless earbuds.” Not only will they find several sub-$50 AirPod knock-offs that make the seized OnePlus easily pass the sniff test, they’ll find several AirPod Pro knock-offs as well that are knocker-knock-offs than the OnePlus units. All of these are sitting somewhere in Amazon fulfillment centers, warehouses, shipping containers, etc., with import control traceable documents that’ll lead the CBP to easy fodder for their next seizure reveal party. Low hanging fruit ripe for picking.

CBP vs Amazon? The loser won't be the CBP. Amazon is simply too big to be taken down like this.

OTOH, Amazon simply don't care about trademarks and the rest especially product safety. Where there is a buck to be made, they are in there making it for their dear leader, Bezos.

I'm no fan of Amazon.

In many ways I still appreciate what Amazon did that many others could've done, but I do like Bezos or the company's ethics. I still buy from them, but I try to make it a last choice option.

dewme

rotateleftbyte said:

dewme said:

If the CPB has suddenly become the savior of Apple’s trademark virtue, I suggest they slide on over to Amazon.com and search for “fully wireless earbuds.” Not only will they find several sub-$50 AirPod knock-offs that make the seized OnePlus easily pass the sniff test, they’ll find several AirPod Pro knock-offs as well that are knocker-knock-offs than the OnePlus units. All of these are sitting somewhere in Amazon fulfillment centers, warehouses, shipping containers, etc., with import control traceable documents that’ll lead the CBP to easy fodder for their next seizure reveal party. Low hanging fruit ripe for picking.

CBP vs Amazon? The loser won't be the CBP. Amazon is simply too big to be taken down like this.

OTOH, Amazon simply don't care about trademarks and the rest especially product safety. Where there is a buck to be made, they are in there making it for their dear leader, Bezos.

I'm no fan of Amazon.

I wasn't trying to pull Amazon into this fray. They are free to sell any products that comply with US import controls and trademark regulations to their US customers on their storefront. I'd imagine that Walmart, Best Buy, NewEgg, MicroCenter, and many others sell any number of "Err Pods" and "Err Pod Pros" in their stores too. The Amazon listings for some knock-offs even include the term "AirPod and AirPod Pro" and a little Apple logo next to the product picture. They aren't trying to hide their knock-off-ness in any way whatsoever. I was simply pointing out that there are already a crapload of AirPod and AirPod Pro knock-offs, which imho as a sighted person are far more blatant and unquestionable copies of Apple's products than what OnePlus is selling, that have somehow passed through the "iron gates" of CBP scrutiny and available for sale in the US.

This whole flap is because the CBP's little "dog & pony show" turned out to have a phony pony. But in the grand scheme of things, it's really not a big deal. They should quietly move on.