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Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

theverge.com

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Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#21

Post by HeWhoLurksLate »

Causality1 wrote: post #11
xvector wrote: post #10

Earlier quoted context omitted.

The Verge’s quality has tanked so hard over the last few years. What happened?

I'd be interested in a writeup of that as well. The cavalcade of stupidity and maliciousness that was the Verge PC Build debacle leads me to think some quite bad stuff has been going on behind the scenes.

I think that was more a case of "we need a PC build video, they're trending right now... ...hey Josh, you know about computers, right?"

IMO, they should've done more due diligence first to avoid teeing off the super-elitist subset of enthusiast people

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#22

Post by bjt »

bdowling wrote: post #13

The products here may be considered legally counterfeit for one or more reasons other than simply using the word mark APPLE. For example: (1) trademark or trade dress infringement if the product's decorative features (color, etc.) or packaging copies a registered trademark of Apple, (2) copyright infringement if the product contains copied Apple code without a license,(3) patent infringement if the product implements…

I'm scratching my head trying to figure out why you're being downvoted while the least well-informed comments along the lines of "Customs officials are dumb!" are at the top.

This is very likely a design patent case, not just trademark. In which case, they could be infringing regardless of the logo on the box.

Then again, the article isn't helping, as it also seems oblivious to the design patent possibility.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#23

Post by ratmice »

IdoRA wrote: post #9

This is probably a combination of a Section 337 investigation by the USITC that includes OnePlus in its scope and directs CBP to seize certain OnePlus goods, a bombastic press release from CBP, and The Verge reporter not being insightful and generating clickbait. https://www.usitc.gov/press_room/news_release/2019/er0926ll1...

given that USITC is a U.S. Agency, and this is a Canadian Seizure, but also GlobalFoundries vs TSMC dispute is resolved "dismissing all litigation between them as well as those that involve any of their customers", this doesn't seem likely to be the cause.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#24

Post by zorked »

MrStonedOne wrote: post #7

The legal definition of counterfeit product (as realized by CBP's jurisdiction) boils down to: Bares a Registered Trademark and does not have a signed letter of authenticity by the trademark holder authorizing its import. That is super broad and covers a lot of things most people would think to be false positives like legit items sold second hand. But even that doesn't cover thinking OnePlus Buds are AirPods.

There's this older Sparkfun story. They had their multimeters seized for being yellow:

https://www.sparkfun.com/news/1428

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#25

Post by archon810 »

IdoRA wrote: post #9

This is probably a combination of a Section 337 investigation by the USITC that includes OnePlus in its scope and directs CBP to seize certain OnePlus goods, a bombastic press release from CBP, and The Verge reporter not being insightful and generating clickbait. https://www.usitc.gov/press_room/news_release/2019/er0926ll1...

Read https://www.cbp.gov/newsroom/local-media-release/cbp-jfk-sei... and https://twitter.com/CBP/status/1305300486090825731.

They reference Apple and Airpods multiple times. I don't see this as anything but a screw-up on behalf of CBP.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#27

Post by fphhotchips »

bjt wrote: post #22
bdowling wrote: post #13

The products here may be considered legally counterfeit for one or more reasons other than simply using the word mark APPLE. For example: (1) trademark or trade dress infringement if the product's decorative features (color, etc.) or packaging copies a registered trademark of Apple, (2) copyright infringement if the product contains copied Apple code without a license,(3) patent infringement if the product implements…

I'm scratching my head trying to figure out why you're being downvoted while the least well-informed comments along the lines of "Customs officials are dumb!" are at the top. This is very likely a design patent case, not just trademark. In which case, they could be infringing regardless of the logo on the box. Then again, the article isn't helping, as it also seems oblivious to the design patent possibility.

I think pinning this to the article is a bit rough, as the press release indicates they think the item is counterfeit, which implies that they're attempting to fraudulently pass themselves off as AirPods. To me, the use of the word "counterfeit" implies a trademark violation. That's clearly not happening, as the box indicates.

If the press release indicated - anywhere - even a whiff of there being a design patent issue (which is subtler and more nuanced than the word "counterfeit" allows for), I'd say it was fair to criticise the article. That's not the case though, and reading the press release, I don't think CBP thought there was a design patent issue either.

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#28

Post by aceofspades19 »

ratmice wrote: post #23
IdoRA wrote: post #9

This is probably a combination of a Section 337 investigation by the USITC that includes OnePlus in its scope and directs CBP to seize certain OnePlus goods, a bombastic press release from CBP, and The Verge reporter not being insightful and generating clickbait. https://www.usitc.gov/press_room/news_release/2019/er0926ll1...

given that USITC is a U.S. Agency, and this is a Canadian Seizure, but also GlobalFoundries vs TSMC dispute is resolved "dismissing all litigation between them as well as those that involve any of their customers", this doesn't seem likely to be the cause.

CBP is Customs and Border Protection (part of the US federal government). CBSA is Canada Border Services Agency which is the Canadian border patrol. There is no mention of Canada in the article

Re: Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

#30

Post by yjftsjthsd-h »

xwdv wrote: post #20

Maybe not counterfeit, but you still can’t argue this design is stolen pretty much straight from Apple.

Right, just like how the iPhone design is stolen straight from the pocket PC. /s

Apple doesn't own a product type just by using it.

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