Leaf&Core

U.S. Customs Claims They Didn’t Make Mistake. But Did They?

Danielle from Leaf and Core
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OnePlus Buds next to Apple AirPods. They're both white... and they have silver at the bottom, but no one would ever mistake the two. The tops are completely different

If you can tell these apart, you won’t do well at your CBP interview.

 

Customs and Border Patrol is claiming they didn’t make a mistake when they seized some OnePlus Buds and called them AirPods. They’re now saying that the OnePlus Buds violate Apple’s design trademarks, saying they’re so similar to Apple’s AirPods that they violate Apple’s configuration trademark. Apple isn’t currently pursuing a lawsuit against OnePlus. They also, seemingly, didn’t request this. There haven’t been any court orders or judges ruling on anything.

So, why is the CBP wasting everyone’s time?

“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).”

– From the statement CBP provided to The Verge

Configuration trademarks are basically trademarks of a design. My question is, which earbuds violate Apple’s configuration trademarks? OnePlus? Are you sure it wasn’t these Skullcandy earbuds? Or maybe these from Anker? LG’s Tone? No, no, hold up, it’s got to be these Razer Earbuds. No? Not them? But they look just like the OnePlus… no? Okay! JBL? Maybe it’s these Anker buds? Nope? Huh, thought we had it. Okay, okay, it’s got to be these JLab “Air Executive” earbuds, right? Are you sure? Those actually have the word “Air” in them. No?

Hmmm.

CBP, are you sure you didn’t just make a mistake and now are trying desperately to cover your tracks? Because it kind of sounds like you just made a huge mistake and now you’re trying to cover your tracks. Unless this is about China? Is it about China? OnePlus is a Chinese company. Maybe they weren’t happy about the U.S. kind of getting the raw end of the TikTok deal?

I can’t say what was going through their heads. Apple’s been quiet, and, unless they alerted CBP to some internal design or patent, it just seems futile. If they’re snatching up every truly wireless earbud with a stem, they’re going to be very busy.

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