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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

#201
post #62

To be fair, OnePlus Buds appear to be counterfeit AirPods in everything but the name. Same shape, same white plastic, same metal endcaps, same black dots, even the same case design. In other words, a straight-up rip-off of Apple’s design with a few minor changes.

The phone your holding has the same screen in the front, camera on the back, a home button, and the keyboard shows up on the bottom when you're typing. Maybe even the same front camera design.

All of that is just straight-up rip-off of.. everyone's phone?

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

#202

Earlier quoted context omitted.

> It was, but the follow-up action designed to minimize risk of loss when caught by customs rather than avoiding import of fraudulent goods blurred image of your intentions. It seems pretty clear to me, I think you're missing the point of the post. It's that this person is protecting his business in a way that's effective because the government isn't, and this is what he's forced to do when dealing with agencies that…

CBP in this case isn't looking out for his best interest, they're looking out for the consumer's best interest. Counterfeit goods? Well, now the whole thing is suspect. It makes sense to me.

Counterfeit probably isn't the best word for this. It was whatever brand adapter it said it was. The UL mark was fake.

After this happened I found that's pretty common. Not that it's okay, but there's tons of generic electronics on Amazon that come with adapters with a fake UL mark.

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

#203
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.…

It’s CBPs job because consumers have no idea if the UL or Intertek logo is legit or not. Because those adapters aren’t listed they don’t have to follow the electrical and fire safety standards. So a purchaser may be tricked into buying something that is much more likely to burn their house down. Having CBP intercept it makes perfect sense.

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

#204
post #165

Earlier quoted context omitted.

"what should they have done?" Seized the adapters. That would have been enough for me to be more careful about adapters in the future. Seizing the whole shipment hurts me, but not the supplier. See my other example here: https://news.ycombinator.com/item?id=24469959 There's any number of things you might not expect, and the receiver is the only one hurt when they are a smaller player.

Have you considered using a US based supplier instead?

There are large categories of products, this one included, where there are ZERO remaining US suppliers.

The only other country I could find with the products was Taiwan, and it wasn't 100% clear if they were just importing Chinese products. They were significantly more expensive.

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

#205
post #37

Earlier quoted context omitted.

People believe it looks expensive.

They are expensive - for a pair of wireless ear buds. Putting aside all subjective qualities. People know they are expensive and regardless of whether you agree w/ the decision, you know they cost $195, $249 or whatever. That's a signal of wealth like certain clothing, a super car, or a bloomberg terminal.

It may be confirmation bias, but it seems people care more about someone else’s phone choice (Android and iOS fanboys) than some more wealthy person wearing a $50,000 watch.

For example, Lifehacker posts some articles about how to do something on iOS every so often, and the comments always have those people saying, “iPhones suck; just throw it away and get an Android” with no mention of why.

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

#206
post #185

Earlier quoted context omitted.

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 :)

Could you buy them at auction?

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

#207
post #192

Earlier quoted context omitted.

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 inf…

US Customs has been checking international shipments for counterfeit goods and other contraband since a long time. It's part of what a Customs agency customarily does. How else would you prevent counterfeit goods from entering a country? For domestic mad counterfeits, it's possible to enforce laws (or court orders) prohibiting manufacture, but that's not really the case when the products are made overseas.

You said that correctly: counterfeit products. While Apple fanboys no doubt will claim that these OnePlus products are counterfeits of Apple products, that's mostly just their ignorance or wishful thinking talking.

From what I can see, there is no actual counterfeiting involved here. This product is both generic enough in design and not brandishing any Apple specific markings. Also comes with a box that makes it clear it's not an Apple product.

Sure, Apple might not like that people can walk around with something that looks similar to their overprices exclusive stuff, for a lot less. But that's not a valid definition of counterfeit. You see, it's missing the "fraudulent" part in the "fraudulent imitation" definition of counterfeit.

Maybe Apple should not have made their things look that generic. They might have a case if a logo or other protected asset was imitated. But this is not a clear-cut case. Rather one that should at least have a court rule on first.

The elephant in the room here is the USA showing what it can do (pretty much with impunity, short term at least) to a Chinese company. Long term, that will prove incredibly dumb and costly for the USA. But not a single person in government, nor any American company executive, will look that far ahead or even remotely care. By that time they are already long gone, pockets filled with short term gains and someone else to deal with the negative consequences.

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

#208

Earlier quoted context omitted.

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.…

It’s CBPs job because consumers have no idea if the UL or Intertek logo is legit or not. Because those adapters aren’t listed they don’t have to follow the electrical and fire safety standards. So a purchaser may be tricked into buying something that is much more likely to burn their house down. Having CBP intercept it makes perfect sense.

> Intertek

I don't think anyone cares about Intertek logos. /s

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

#209

Earlier quoted context omitted.

Trademarks are not limited to text, the gray and yellow color scheme is a Registered Trademark by Fluke [0]. Nowadays 2/3 of the cheap meters use this color scheme, at this stage this trademark is effectively dead, most people will not connect this color scheme to Fluke. I didn't even know it came from Fluke (neither did SparkFun I guess), until this incident. But unless Apple registered something similar for shape o…

> But unless Apple registered something similar for shape or the color of the AirPods, or somehow patented its design, it's not an infringement, and the CBP cannot seize them. Apple most certainly did get design patents for them. First relevant search result: https://www.patentlyapple.com/patently-apple/2017/09/apple-w... Not debating that patents are good things, especially in this case, but it is pretty obvious to…

There are a couple trademarks on the AirPods shape, but neither seem to be granted: https://uspto.report/TM/88402652 https://uspto.report/TM/88357707

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

#210
post #204

Earlier quoted context omitted.

Have you considered using a US based supplier instead?

There are large categories of products, this one included, where there are ZERO remaining US suppliers. The only other country I could find with the products was Taiwan, and it wasn't 100% clear if they were just importing Chinese products. They were significantly more expensive.

>There are large categories of products, this one included, where there are ZERO remaining US suppliers.

I don't know very well how patents and intellectual property protection work... But, if there are no suppliers of such a product in the United States (assuming your previous argument as true), then what product is being pirated? if there is none (worth the redundancy), to my understanding, there has to be a vendor whose product is being counterfeited within the united states for it to be taken as an infringement of intellectual property.

Other than that, you were not entitled to a trial? They just confiscated everything and there it ended?

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