It looked like a potential mistake by US Customs and Border Protection officers who did not realize they were banning an original product, but the US Customs and Border Protection permit seems to rule out this being a mistake.
It is unclear why the OnePlus Buds were exposed to this matter weeks after they went on sale in the United States, while counterfeit (AirPods) products flooded the market.
A US Customs and Border Protection spokesperson said: An import specialist at the Bureau of Customs and Border Protection determined that the earbuds in question appeared to infringe the Apple trademark upon inspection of the shipment in question.
“Apple owns trademarks for the earphones, and those trademarks have been registered with the US Customs and Border Protection Administration,” he added.
According to the spokesperson, Apple’s trademarks for the earphones cover the general appearance of the product, and based on this, US Customs and Border Protection officers at JFK airport confiscated the shipment.
Several people said: Can’t US Customs and Border Protection officers notice that the OnePlus Buds are an original product and not a fake pretending to be AirPods by looking at the retail box and brands.
A US Customs and Border Protection spokesperson responded to these questions, saying: The US Customs and Border Protection confiscation of the earbuds in question has nothing to do with the images or language on the retail box, and the company does not have to put a text mark or Apple design on its products to violate these trademarks.
According to a spokesperson for the US Customs and Border Protection Administration, OnePlus or anyone who imported OnePlus Buds will have many opportunities through the arbitration process to provide evidence that their product does not violate the relevant registered trademarks.
It is reported that Apple itself has not taken any legal action against OnePlus because of the OnePlus Buds, and OnePlus earbuds are still on sale through the company and many US retailers.
It is not clear that the US Customs and Border Protection administration plans to seize future shipments.