In a statement for Facets, a US Customs and Border Protection official defended the agency’s confiscation of 2,000 pairs of OnePlus Buds at John F. Kennedy Airport on Aug.31. CBP published a stock last night and described OnePlus Buds as “fake Apple AirPods” which caused a wave of controversy. It looked like a possible oversight on the part of border guards who somehow didn’t realize they were blocking a genuine product, and OnePlus was also ridiculed for even ending up in this situation, thanks to the similarities between its own headphones and AirPods.
But CBP’s statement seems to rule out that this is a mistake. What remains unanswered is why the OnePlus Buds have garnered such attention – weeks after they already went on sale in the US – when the market is flooded with counterfeit AirPods.
“After examining the shipment in question, the CBP importer determined that the headphones in question appeared to violate the Apple trademark configuration. Apple has configuration trademarks on its headphone brand and has registered those trademarks with CBP, ”the spokesperson said. In case you’re wondering, configuration trademarks cover the general appearance of a product. “Based on this determination, CBP officers at John F Kennedy Airport confiscated cargo under Section 19 USC 1526 (e).”
A CBP spokesperson also tried to address the general reaction of many people to the incident: Could their employees have said that the OnePlus Buds were a genuine product (and not a “fake” claiming to be AirPods) simply by looking at the box. and branding? “The withdrawal of the CBP headphones in question is not related to the images or language on the box. The company is under no obligation to display the ‘Apple’ word mark or designs on its products to infringe upon these trademarks. “
According to a CBP spokesman, OnePlus (or whoever imported the OnePlus Buds) “will have many opportunities in litigation to provide evidence that their product does not infringe their respective registered trademarks.” In a message received today, OnePlus declined to comment on the withdrawal. The company again refused after seeing the CBP statement.
It’s important to note that Apple itself has not taken any legal action against OnePlus over the OnePlus Buds, and the earbuds are still sold by OnePlus and many retailers in the US, including B&H Photo.
