No accident: US Customs insist OnePlus Buds are indeed counterfeit Apple Airpods

by Surur
September 14, 2020

We reported this morning on what appeared to be a hilarious misunderstanding by the US Border and Customs patrol, who had seized 2000 pairs one OnePlus Buds, calling them counterfeit Apple Airpods.oneplus buds

It turns out the custom officials were not mistaken at all, and are not backing down, saying:

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. Based on that determination, CBP officers at JFK Airport have seized the shipment under 19 USC 1526 (e).

The claim is that the OnePlus Buds infringe on Apple’s Airpods and that  the CBP notes that “CBP’s seizure of the earbuds in question is unrelated to the images or language on the box A company does not have to put an ‘Apple’ wordmark or design on their products to violate these trademarks.

It is, of course, easy to see where the CBP is coming from, and it seems OnePlus “will have many opportunities through the adjudication process to provide evidence that their product does not violate the relevant recorded trademarks.”

Do our readers think this is an example of an increasing anti-China sentiment in the USA or does the CBP have a case? Let us know in the comments below.

via the Verge

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