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

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181–190 of 291 posts

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

#181

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?

I’m fairly certain they are the exact same ones confiscated. It’s a near blatant knockoff of Apple’s patented designs. Now should Apple be able to get said all encompassing design patents? That’s a different debate.

Looks like rather generic design to me, especially since a substantial parts of are basically dictated by the human anatomy. So regardless the questionable nature of design patents in the first place, this design certainly does not warrant such patents. But in any case, that's for a court to decide. Does the USA actively seize other products that violate patents without a court case? How would they even determine infringement? I don't remember Apple winning any court case against OnePlus, so that can't be the reason for this seizure.

If these buds were seized as counterfeits, then there had to be an express intent to sell these as imitation Apple products, which I find rather hard to believe (for starters because the packaging isn't the same). Also, when producers remove any brand markings, like logos and other distinctive material unique to that company, knock-off/imitation cases are always weak. For good reasons too, just as with trademarking generic names. You don't want a single company to dictate the use of generic things.

Maybe most import is that this seizure will unlikely have happened on a whim. Almost certainly, somebody has requested for this to happen. That itself should give rise to some serious questions. Because it would likely make this a rather blatant (and probably unlawful) case of economical warfare.

To use the extraordinary powers of border guards for that purpose, without any court case, is downright corrupt. Like mafia style corruption. I wonder which highest ranking official signed off on this. That person has some explaining to do, for he/she just made the USA look like a tinpot dictatorship. Ignorant too, to boast about it on their web site. Unless that's done intentional, as propaganda to convince the locals this was legal or good "to protect America". People abroad will likely have a very different view on that.

What the American government often forgets, in its self-centred and mostly domestic focus, is that the rest of the world is observing things like these. Behaviour like this always has consequences, even if it can take a while.

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

#182
They do look like Airpods from the picture, not OnePlus - i dont see the chrome/metal disc on the back of the earbuds that OnePlus pods have. The case matches the OnePlus case though. So its possible they really are counterfeit. Admittedly the picture is very low-res so its hard to be sure.

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

#183
post #173
post #170

Earlier quoted context omitted.

The main part was not a "branded" item at all. It was an LED thing where no part of the item would be listed, branded, etc. They saw them because they unboxed quite a few of them to find the adapters with the fake UL mark.

You seem assume that CBP will just trust you on your word alone. That's my entire point. They don't know what your intentions with this are, nor if you are being truthful.

No, I'm saying they saw the main item with their own eyes.

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

#184
post #173
post #170

Earlier quoted context omitted.

The main part was not a "branded" item at all. It was an LED thing where no part of the item would be listed, branded, etc. They saw them because they unboxed quite a few of them to find the adapters with the fake UL mark.

You seem assume that CBP will just trust you on your word alone. That's my entire point. They don't know what your intentions with this are, nor if you are being truthful.

The only issue you’ve really highlighted is that criminals should be sure to buy properly UL labeled electronics.

They don’t know what anyone’s intentions are except to apply electrical components to solving a problem.

Should they stop all electronics shipments? Except for the Apples of the world?

Would that make you feel safer?

The occasional irrational actor isn’t as real a threat to me as my constantly paranoid neighbors and government.

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

#185
post #154

Earlier quoted context omitted.

As a smaller player, it is very difficult to get the Chinese suppliers to guarantee they won't ship the wrong thing. Separating the shipment is a relatively low cost way to protect the main item. Edit: Another example that happened to a friend. He ordered some single board computers that came with some software on a CD...he wasn't even aware of the CD. The CD had a fake "Compact Disc" marking, which is a trademark. W…

This whole thing seems crazy to me (I don't do a lot of importing). Customs has the ability to determine if the UL logo on a charger is fake or if a phrase breaks trademark law, and then confiscates an _entire_ shipment? Why is it CBP/custom's job to enforce trademark law? I could just as easily print a fake logo in the US, but border control won't come after me - the people responsible for enforcing those laws will.…

Also, they auctioned it all off later, sans the adapters. So they get the concept :)

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

#186
post #173
post #170

Earlier quoted context omitted.

The main part was not a "branded" item at all. It was an LED thing where no part of the item would be listed, branded, etc. They saw them because they unboxed quite a few of them to find the adapters with the fake UL mark.

You seem assume that CBP will just trust you on your word alone. That's my entire point. They don't know what your intentions with this are, nor if you are being truthful.

I have absolutely no idea why “trust” and “intentions” are relevant here.

Why should CBP siege all the electronics if just the adapters are not legal? Sure, if the main electronics also have counterfeit UL marks then they also should be seized, but if the main electronics aren’t counterfeit why should invalid adapters be the grounds for seizing everything else?

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

#187

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?

The implication seems to be that they're genuine OnePlus earbuds, and CBP thinks they're airpods. The two models do look a lot alike. It'd be like CBP seizing a bunch of Samsung Galaxy phones, claiming they saved the USA from counterfeit iphones. I really hope I'm missing something.

Apple originally claimed that the Samsung Galaxy phones were a direct counterfiet of their work. They sued, and Samsung made changes.

OnePlus buds are a new product (I think released in 2020). It's probably just an honest mistake by the CBP, but it could also be they have some official direction to seize these OnePlus products either because Apple considers them to be infringing, or the Feds are acting as part of the broader trade-war.

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

#188

Earlier quoted context omitted.

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.

Or more traditionally known as owning class and working class. Most folks here are probably in that quasi-state of working class but make plenty of money so it's a moot point.

I always prefered the 4-class system, which specified a class of people who cared more about the perfection of their art, than monetary concerns. Tradesmen, engineers, and academics would fall into this category.

Just lumping everyone into the middle-class based on income alone, always seemed to be an American conceit.

Class is supposed to be able pedigree; thus a king in exile is still part of the aristocratic elite because he was raised as such even if he doesn't have a dollar to his name.

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

#189
post #96

Wow, & what exactly is the objective of boasting such dumb claims on social media for a govt body?

US Government bodies do a lot of public outreach, many have twitter/social media accounts as part of that effort. There are many reasons for this- the aforementioned help at budget time, Government officials geniunely want to be seen and celebrated as doing a good job, and a surprising amount of belief that the American people should see what "their" government is doing.

The interplay with that last point (belief in transparency) interacts with institutional secrecy in weird and hillarious ways. I remember one project I worked on was shrouded in secracy to the individual teams working on it until a news program showed up and talked to the public affairs office and senior leadership. After watching the broadcast, we all of sudden understood what the heck it was we were working on!

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

#190
post #145

Earlier quoted context omitted.

As someone who (used to) travel a lot, the TSA have signs plastered throughout the entire security line to remind you to look through your belongings and make sure you don't have any banned items (they included what they were and had pictures of them too). If you went through airport security with a banned item (such as a knife), what they did was offer you three choices: - They let you go back outside of security an…

A friend discovered that he had a pocketknife with him just before he was about to go through security. So he went out to the airport smoker's area, dug a little hole in the ground, and buried the pocketknife. When he returned from his trip he went back and dug it up.

I had a family member who tried to do a similar thing with a potted plant in the airport lobby, but it was still gone as security apparently runs metal detectors over common hiding places every so often as part of a bomb sweep.
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