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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

#81

Post by natch »

celticninja wrote: post #71
calciphus wrote: post #63

Earlier quoted context omitted.

Also it is far easier to produce counterfeit packaging than electronics in the US. If I was going to smuggle something in, I'd put it in other packages and then repack it here. The best way to hide something is to mislabel it.

If you are doing that just send them over in the plastic case, no need for all the cardboard packaging which adds to shipping weight and volume.

But if the naive Verge reporter had been working at CBP then the boxes would have worked to do their job of getting the copycat items past customs.

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

#83

Post by rbecker »

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.

Can't even import items without permission from the manufacturer?

Funny how all the free trade stuff never applies to consumers.

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

#84

Post by altacc »

illustriousbear wrote: post #44
altacc wrote: post #43

Earlier quoted context omitted.

I'd be more tempted to apply Hanlon's razor: Don't attribute to malice that which can be explained by stupidity.

Thats fair, it just crossed my mind as a possibility given the current climate.

True, I see your point. It seems that anything is open for weaponisation these days and previous frameworks for making assumptions have been shown to be invalid.

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

#85

Post by henvic »

rbecker wrote: post #83
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.

Can't even import items without permission from the manufacturer? Funny how all the free trade stuff never applies to consumers.

What are you even saying? Why the flame? You probably have a perverted notion of free trade to say so. I defend free trade and this is an absurd. Free trade applies for both sides, and should be seen always unilaterally, without retaliation by state actors or third parties.

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

#86

Post by prawn »

Semaphor wrote: post #54
cranekam wrote: post #49

Earlier quoted context omitted.

What in particular makes them ugly for you? I have a pair of second generation AirPods and find them neither ugly nor particularly beautiful. I like them because they work really well. They sound good, they’re compact, and the integration with my phone/laptop is close to seamless. My wife has some other wireless earphones and they’re much worse: bulky, heavy, and always causing some kind of pairing hassle.

For me, the fake cable makes them look dumb. But as Someone said, they seem to require a certain sized antenna. I couldn’t think of a better solution to hide one either. Note that I never said they suck, I was pretty certain that the $200 something is not all just the Apple tax ;)

The antenna stick is conspicuous. For a luxury brand, that's important. Think about how quickly people went from black headphone cords to white. Or how the coloured iMacs were introduced. Or how three visible cameras on the back of your iPhone came to signify something that two cameras didn't (you bought a newer, more expensive model).

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

#87

Post by nemetroid »

natch wrote: post #82
Semaphor wrote: post #61

Earlier quoted context omitted.

The antenna stick. Don’t know how else to describe it ;)

Antenna stick works.

Not if you're trying to point out that it specifically looks like a fake cable. An antenna stick could be pointing in any direction.

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

#88

Post by IdoRA »

archon810 wrote: post #25
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.

I did, earlier, because they were a part of the article.

Ultimately we don’t know the legal basis of the seizure, it isn’t in the CBP presser and The Verge reporter writes he has no idea of the basis either.

I disagree with the assumption that CBP made an error, with the exception of their presser inducing eye rolling. Maybe they did, but to me it looks like they are acting within their scope.

My guess was this was connected to a 337 case, which is possible although the only OnePlus case I could find is a year old. Seizing goods on import is precisely the purpose of that mechanism. On reflection I am probably wrong about 337 litigation.

Another possibility is that this is related to design infringement, supported by Apple and AirPods being mentioned prominently. CBP is supposed to keep (their definition of) counterfeit goods from entering. If you compare the picture of the box of seized earphones, and then this marketing picture of the AirPods, wouldn’t you think that an average consumer could be confused? I have not reviewed the design patents for the AirPods, but I also don’t think it’s unfair to say that the OnePlus version have a lot in common. There are many design patents covering Apple earphones that could be relevant too.

https://images.app.goo.gl/z2fmWXFGGiGMuQ8s9

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

#90

Post by rbecker »

henvic wrote: post #85
rbecker wrote: post #83

Earlier quoted context omitted.

Can't even import items without permission from the manufacturer? Funny how all the free trade stuff never applies to consumers.

What are you even saying? Why the flame? You probably have a perverted notion of free trade to say so. I defend free trade and this is an absurd. Free trade applies for both sides, and should be seen always unilaterally, without retaliation by state actors or third parties.

I'm not flaming anyone, except Canadian trademark law. And in what way do you consider my view on free trade perverted? Don't you find that giving the trademark owner the ability to prevent imports restricts the free trade of people who bought their goods?

Say I'm Canadian, I buy a Mercedes, and 2 years later, decide to sell it to a buyer in the US. Now Mercedes can prevent that sale, by not giving permission to export my car. At that point, isn't Mercedes a third party?

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