Home Technology US Customs seized OnePlus Buds over counterfeit claims, refuses to back down

US Customs seized OnePlus Buds over counterfeit claims, refuses to back down

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We all know the United States can be a crazy place at times, but perhaps nothing shows exactly how crazy a place it can than a recent comedy of errors that have taken place at the US customs office. The US Customs and Border Protection (CBP) revealed that it had seized over 2000 counterfeit Apple AirPods from Taiwan (which ironically has a tagline of “set your music free”), worth around $400 000. The only problem is that they were legitimate earbuds from OnePlus that are already available for sale legally in the US.

OnePlus made a good joke out of the incident, remarking on how the company would really like its merchandise returned:

This is something that could easily have been written off as an overzealous customs officer going too far, while giving OnePlus some free publicity in the process. However, the CBP is adamant that this is not a mistake and have released an official statement claiming that these ear pods are in clear contravention of Apple’s trademark:

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 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).

At the time of writing, it seemed as if OnePlus and the CBP were at an impasse and that the issue had yet to be resolved. Considering that many of its products have made it past customs before and sell actively within the US, it has made the ordeal even more confusing as it’s not clear if more OnePlus merchandise will be seized or if the parties will look to resolve this through legal matters. Something which should be easy for OnePlus as it has previously trademarked its design.

Last Updated: September 17, 2020

7 Comments

  1. Gavin Mannion

    September 17, 2020 at 15:11

    Maybe letting an overgrown man baby run a country does have side effects for people who don’t care about politics…

    If you thought they were going to stop at Huawei you were sadly mistaken. When they say America first they mean everyone else last.

    Reply

    • cloudzn

      September 17, 2020 at 17:50

      Actually for once it has nothing to do with Trump, New Yorks customs has been doing this for years. They impound “counterfeit Apple parts” but are really just doing Apple’s bidding. Look up Louis Rossman on YouTube, he has covered the shady stuff Apple has been doing

      Reply

      • Gavin Mannion

        September 17, 2020 at 17:54

        I definitely don’t do research on Youtube… too many conspiracy nuts

        Reply

        • cloudzn

          September 17, 2020 at 18:11

          Fair enough but this guy is legit, he runs a repair shop and has numerous issues with Apple and their crap regarding repairs and how they get parts impounded despite not being fake

          Reply

        • cloudzn

          September 17, 2020 at 18:11

          Fair enough but this guy is legit, he runs a repair shop and has numerous issues with Apple and their crap regarding repairs and how they get parts impounded despite not being fake

          Reply

          • Gavin Mannion

            September 17, 2020 at 18:37

            Yeah Apple is awful with repairs. I’m an Apple “fan” but they are horrific about repairs and support. I never take mine to be repaired officially because the costs are insane

    • Son of Banana Jim

      September 18, 2020 at 02:16

      Yowzer bud…

      Reply

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