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

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

#121

Post by SilasX »

Termious wrote: post #50
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…

https://www.stopfakes.gov/article?id=U-S-Customs-and-Border-... From what I understand, CBP doesn't confiscate counterfeits on the basis of design patents unless a specific complaint has been made by the patent holder to the ITC. So it seems unlikely to me that this seizure is design patent related and it's likely this seizure is in error.

Or Apple made a specific complaint.

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

#122

Post by admax88q »

caleblloyd wrote: post #113
unixhero wrote: post #94

Earlier quoted context omitted.

I for one, cannot get over this: https://www.ebay.com/sch/i.html?_nkw=tsa+lot+of&_trksid=p233... Pretty much theft and resale.

Just a guess, but the TSA probably pays a contacting company to take all of the confiscated items away. Then the contacting company disposes of can't be sold and sells the rest.

In other words, using a fence to offload stolen goods.

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

#123

Post by admax88q »

steerablesafe wrote: post #98
unixhero wrote: post #94

Earlier quoted context omitted.

I for one, cannot get over this: https://www.ebay.com/sch/i.html?_nkw=tsa+lot+of&_trksid=p233... Pretty much theft and resale.

What is the TSA supposed to do with these other than auctioning them off?

Throw them away or donate them for free.

If they are allowed to sell them and profit from the sale then they have a perverse incentive to take more things.

Its like those tiny towns in rural USA who are funded by bullshit traffic violations on people driving through.

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

#124

Post by Zenbit_UX »

zeveb wrote: post #114
Semaphor wrote: post #33

Sidebar: Why has the AirPod design become so ubiquitous? I always thought they were the ugliest earbuds since earbuds became small. Is there some technical reason they have this design? Or do people actually like it? Or is it simply the Apple effect?

> I always thought they were the ugliest earbuds since earbuds became small. Ditto. Whenever I see someone wearing them I make a point of locking eyes, then smirking. AirPods and similar headphones are an upscale version of a face tattoo. They are like a South Park parody come to life. I firmly believe that in twenty years we will look back at them in chagrin, like bell bottoms and bowl haircuts.

> Whenever I see someone wearing them I make a point of locking eyes, then smirking.

Some people on hacker news are so cringy... I promise you they don't even know why you're smirking, just think you're either autistic or an asshole. The answer is likely both so I guess they aren't wrong.

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

#125

Post by Zenbit_UX »

perryizgr8 wrote: post #77
Semaphor wrote: post #33

Sidebar: Why has the AirPod design become so ubiquitous? I always thought they were the ugliest earbuds since earbuds became small. Is there some technical reason they have this design? Or do people actually like it? Or is it simply the Apple effect?

1. Apple removed the headphone jack. 2. Apple stopped giving out dongles in the box. 3. Apple limited others' ability to compete by including proprietary chips in iphone and airpods. 4. Apple marketed airpods as a status symbol. 5. People bought into the hype. Objectively, airpods are the worst wireless earbuds in the market on every single metric, but still command a premium price.

I think they're the best on the market but I'm not dumb enough to through "objectively" in my comment as an intensifier...

Oh, and I bought them to go with my android phone because they are that good...

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

#126

Post by normalnorm »

trboyden wrote: post #91

So what exactly is the difference between those and the ones Amazon https://www.amazon.com/OnePlus-Buds-Wireless-Earbuds-Chargin... says I can get tomorrow for $79?

Big corporations like Amazon are part of the dominating class. Me (and probably you, since you need to ask the question -- no offense intended) are part of the dominated class. Two different sets of rules apply here, it's not a matter of the products themselves being different.

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

#127

Post by asdasfasdfasdf »

steerablesafe wrote: post #98
unixhero wrote: post #94

Earlier quoted context omitted.

I for one, cannot get over this: https://www.ebay.com/sch/i.html?_nkw=tsa+lot+of&_trksid=p233... Pretty much theft and resale.

What is the TSA supposed to do with these other than auctioning them off?

sell them at cost

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

#128

Post by [deleted] »

zeveb wrote: post #114
Semaphor wrote: post #33

Sidebar: Why has the AirPod design become so ubiquitous? I always thought they were the ugliest earbuds since earbuds became small. Is there some technical reason they have this design? Or do people actually like it? Or is it simply the Apple effect?

> I always thought they were the ugliest earbuds since earbuds became small. Ditto. Whenever I see someone wearing them I make a point of locking eyes, then smirking. AirPods and similar headphones are an upscale version of a face tattoo. They are like a South Park parody come to life. I firmly believe that in twenty years we will look back at them in chagrin, like bell bottoms and bowl haircuts.

[deleted]

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

#129

Post by 0xdeadb00f »

himinlomax wrote: post #78
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…

It's reasonable to think that One Plus could be found to be infringing on Apple's trademarks or design patents, but that would have to be decided in court. It's rather strange that customs could decide that some product clearly labelled with one trademark (and an established one at that) are counterfeits of another.

> that would have to be decided in court

Apparently not. A lot of stuff doesn't need to be decided in court when you're in an airport - it's a legal grey area (or so I've heard).

Border protection can pretty much do whatever they want in the name of national security and get away with it.

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

#130

Post by tyingq »

The CBP is very hard to deal with. I once bought about 100 electronic items that come with AC adapters to power them.

Unknown to me, the AC adapters had fake UL marks on them. So, the CBP seized the shipment. I asked if they could just seize the adapters, and explained that I hadn't even asked for UL listed adapters. No dice. The adapters represented less than 10% of the value of the shipment. Argh.

And, of course, the Chinese supplier wasn't willing to reimburse me. Now I have the adapters go in a separate shipment in case something unexpected is shipped.

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