Yesterday, there was a big kerfuffle when the news broke out saying that the CBP, also known as the U.S. Customs and Border Protection, has blocked a shipment of OnePlus Buds. Within that shipment, there were 2,000 units.
That’s quite jaw-dropping as the CBP just confiscated a large amount of OnePlus Buds. The CBP says that it’s counterfeit Apple AirPods, and also citing that it has violated intellectual property rights. Within the CBP newsroom, it has also stated that “the enforcement of Intellectual Property Rights is a CBP Priority Trade Issue”.
OnePlus USA also replied to CBP’s tweet, exclaiming to the CBP to release them back. No further public tweet was made.
Android Authority got a statement here from the CBP, which has clarified why they seized the shipment and what they’re going to do next. Spoiler alert: they’re doing nothing.
Upon examining the shipment in question, a CBP Import Specialist determined that the subject earbuds appeared to violate Apple’s configuration trademark. Apple has configuration trademarks on their brand of earbuds, and has recorded those trademarks with CBP. Based on that determination, CBP Officers at JFK Airport have seized the shipment under 19 USC 1526 (e). CBP’s seizure of the earbuds in question is unrelated to the images or language on the box. A company does not have to put an “Apple” wordmark or design on their products to violate these trademarks. The importer will have many opportunities through the adjudication process to provide evidence that their product does not violate the relevant recorded trademarks.
A few hours after that, the CBP retweeted this, staying that the customs will ban all shipments from these locations, citing human rights issues.
This further raises the alarm and shines the spotlight to the true wireless earbuds market (or TWS) as a large portion of them are pretty much Apple AirPods lookalikes. Question is, is it time for these brands to actually come out with their own design? Within this entire year, the only new design that actually made it into the market is the new Samsung Galaxy Buds Live – but a new design doesn’t necessarily mean it’s going to be good, as said in our review here.
Is this the wake-up call that the industry needs to finally come up with their own design of earbuds?
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