US Customs said OnePlus Buds have not been seized in violation of the Apple AirPods trademark

In a statement The ledgeA US Customs and Border Protection spokesman has defended the agency of seizing 2,000 pairs of OnePlus Buds at JFK Airport on 31 August. Last night, CBP publicized the action and described the OnePlus Buds as “fake Apple AirPods”, setting off a wave of controversy. It seemed like a possible gaff by border officials who did not feel in any way that they were blocking an actual product, and OnePlus was also mocked for finding himself in this situation, Thanks to the similarity between our own earbuds and AirPods.

But CBP’s statement seems to be a mistake. What remains unanswered is why OnePlus Buds began such an investigation – weeks later when they had already gone on sale in the US – when the market fills with AirPods knockoff.

“Upon examining the shipment in question, a CBP import expert determined that the subject earbuds appeared to infringe Apple’s configuration trademark. Apple has configuration trademarks on their brand’s earbuds, and 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 shipments under 19 USC 1526 (e).”

A CBP spokesman also tried to address the general reaction of many to the incident: Can’t their officials state that the OnePlus Buds were an actual product (and not “fake” as AirPods) just by looking at the box. . And branding? “The CBP’s seizure of the earbuds in question is not related to the images or language on the box. A company does not have to put the word ‘Apple’ or design on its products to infringe these trademarks.”

According to the CBP spokesperson, OnePlus (or whoever has imported OnePlus Buds) will have “many opportunities through the process of providing evidence that can prove that their product does not infringe on the respective recorded trademarks.” ” Reached earlier today, OnePlus declined to comment on the seizure. The company again collapsed after looking at CBP’s statement.