Earlier in the present day, Feds seized ‘counterfeit Apple AirPods’ that turned out to be OnePlus Buds. Whereas many had initially thought that the seizure was a gaff on behalf of the U.S. authorities, the CBP appears to be doubling down on its actions.
In an announcement to The Verge, the CBP says that, after analyzing the cargo, a specialist with the division decided that the headphones do in actual fact “violate Apple’s configuration trademark.”
“Upon analyzing the cargo in query, a CBP import specialist decided that the topic earbuds appeared to violate Apple’s configuration trademark. Apple has configuration emblems on their model of earbuds, and has recorded these emblems with CBP,” the spokesperson mentioned. Configuration emblems cowl the overall look of a product, should you have been questioning. “Primarily based on that willpower, CBP officers at JFK Airport have seized the cargo below 19 USC 1526 (e).”
In response to many who identified that the packaging clearly exhibits that the headphones are legit merchandise from OnePlus, the CBP says that their willpower is “unrelated to the photographs or language on the field.”
The CBP spokesperson additionally tried to deal with the frequent response that many individuals have needed to this incident: could not their officers inform that the OnePlus Buds have been a real product (and never a “counterfeit” posing as AirPods) simply by trying on the field and branding? “CBP’s seizure of the earbuds in query is unrelated to the photographs or language on the field. An organization doesn’t should put an ‘Apple’ wordmark or design on their merchandise to violate these emblems.”
The division says that OnePlus may have a possibility to show that its product doesn’t violate Apple’s emblems.
OnePlus (or whoever imported the OnePlus Buds) “may have many alternatives by means of the adjudication course of to supply proof that their product doesn’t violate the related recorded emblems,” in keeping with the CBP spokesperson. Reached earlier in the present day, OnePlus declined to touch upon the seizure. The corporate declined once more after seeing the CBP assertion.
Each Apple and OnePlus have declined to touch upon the state of affairs to this point.
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