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In a statement to The edge, a spokesman for the U.S. Customs and Border Protection has defended the agency’s seizure of 2,000 pairs of OnePlus Buds at JFK Airport on August 31. Last night, CBP publicized the action and described the OnePlus Buds as “counterfeit Apple AirPods,” sparking a wave of controversy. It seemed like a possible mistake by border officials who somehow didn’t realize they were blocking a genuine product, and OnePlus has also been teased for getting into this situation, thanks to the similarities between its own headphones and AirPods.
But the CBP statement seems to rule out that this is a mistake.
“Upon examining the shipment in question, a CBP import specialist determined that the headphones in question appeared to violate Apple’s configuration trademark. Apple has configuration trademarks on its headphone brand and has registered those trademarks with CBP, ”the spokesperson said. Configuration trademarks cover the general appearance of a product, if you’re wondering. “Based on that determination, CBP officers at JFK airport have seized the shipment under 19 USC 1526 (e).”
The CBP spokesperson also tried to address the common response that many people have had to this incident: Couldn’t their officers tell that the OnePlus Buds were a genuine product, not a “fake,” just by looking at the box and branding? “CBP’s seizure of the headphones in question is not related to the pictures or language on the box. A company does not have to put a word mark or an ‘Apple’ design on its products to violate these trademarks.”
OnePlus (or whoever imported the OnePlus Buds) “will have many opportunities through the adjudication process to provide evidence that their product does not violate the relevant trademarks.” Contacted today, OnePlus declined to comment on the seizure. But The edge has been communicated again after the CBP statement.
