Feds proudly announce seizure of ‘counterfeit Apple AirPods’ that are actually OnePlus Buds

[rcmaehl]

https://www.theverge.com/platform/amp/2020/9/14/21436760/us-customs-statement-oneplus-buds-seized-apple-airpod-trademarks

 

CBP admits no fault. Won't return headphones

[Bombastinator]

40 minutes ago, rcmaehl said:

https://www.theverge.com/platform/amp/2020/9/14/21436760/us-customs-statement-oneplus-buds-seized-apple-airpod-trademarks

 

CBP admits no fault. Won't return headphones

So do we have a situation where Apple was LESS aggressive with a trademark situation than normal to such a degree that a governmental entity is forcing the issue?  This is... interesting.  Apple is either not nearly as aggressive as is complained about, or there is some other reason. Is this trademark violation for example, not actually as open and shut as it appears?  It’s all a bit curious. I smell the odor of CYA. I don’t know where it’s coming from though.

[GDRRiley]

10 minutes ago, Bombastinator said:

So do we have a situation where Apple was LESS aggressive with a trademark situation than normal to such a degree that a governmental entity is forcing the issue?  This is... interesting.  Apple is either not nearly as aggressive as is complained about, or there is some other reason. Is this trademark violation for example, not actually as open and shut as it appears?  It’s all a bit curious. I smell the odor of CYA. I don’t know where it’s coming from though.

apple pushes them to get any parts and anything that may appear to work with an iPhone or mac or looks anything close to something they sell.

 

[Bombastinator]

2 minutes ago, GDRRiley said:

apple pushes them to get any parts and anything that may appear to work with an iPhone or mac or looks anything close to something they sell.

 

Who is “them” in this instance and how does Apple “push”?  As far as I can tell Apple hasn’t been involved so far except to be named by the  agency involved.  If Apple could have hit those headphones but didn’t, since they’ve been on sale for years and the chances that Apple doesn’t know about them approach zero I find it very surprising that they didn’t do it long ago. It implies something else is up.

[Bombastinator]

1 minute ago, comander said:

This situation explained in 4 words. 

Someone appears to be anyway.  There seem to be 3 potential recipients though.

[BlueChinchillaEatingDorito]

10 hours ago, daenaera said:

but they're really not. anyone who takes two additional seconds to look at the Buds can tell they /aren't/ Airpods, even when someone else is wearing them. 

That's the whole point of counterfeiting. You want to make a product look similar enough that to an unsuspecting person they would think "hey look AirPods". It's only when they start seriously evaluating the product do they realize they've been duped. 

 

To the untrained eye at this angle, these seriously look like AirPods.

 

And honestly, with the glossy white plastic and the polished tip at the end, I have no doubt OnePlus definitely knew what the heck they were doing. This wasn't just a case of coincidence because every other manufacturer steers clear of those design cues. 

Spoiler

 

 

 

 

 

[GDRRiley]

Just now, Bombastinator said:

Who is “them” in this instance and how does Apple “push”?  As far as I can tell Apple hasn’t been involved so far except to be named by the  agency involved.  If Apple could have hit those headphones but didn’t, since they’ve been on sale for years and the chances that Apple doesn’t know about them approach zero I find it very surprising that they didn’t do it long ago. It implies something else is up.

CBP.

 

[TetraSky]

Considering they look very close to Airpods, I'm not too surprised they didn't bother reading the box or even looking them up on the internet to see if they were legitimate... They likely have never heard of any other brand other than "Samsung" and "Apple".

[Helpful Tech Witch]

5 minutes ago, Bombastinator said:

Who is “them” in this instance and how does Apple “push”?  As far as I can tell Apple hasn’t been involved so far except to be named by the  agency involved.  If Apple could have hit those headphones but didn’t, since they’ve been on sale for years and the chances that Apple doesn’t know about them approach zero I find it very surprising that they didn’t do it long ago. It implies something else is up.

Apple is involved in all “counterfeit” Apple product seizures. Eric Rossman has a bunch of MacBook batteries seized because they had the old apple logo. They were batteries that were for MacBooks that had that logo in them when it was the new Apple logo. 

[Helpful Tech Witch]

9 minutes ago, BlueChinchillaEatingDorito said:

That's the whole point of counterfeiting. You want to make a product look similar enough that to an unsuspecting person they would think "hey look AirPods". It's only when they start seriously evaluating the product do they realize they've been duped. 

Counterfeiting is having a copied trademark. The look of AirPods can’t be trademarked, but the Apple logo can.

[BlueChinchillaEatingDorito]

4 minutes ago, HelpfulTechWizard said:

Counterfeiting is having a copied trademark. The look of AirPods can’t be trademarked, but the Apple logo can.

Right this in more in terms of knockoffs... But would that still fall under the responsibility of customs? Or that be something that has to be proven in court first?

[Helpful Tech Witch]

4 minutes ago, BlueChinchillaEatingDorito said:

Right this in more in terms of knockoffs... But would that still fall under the responsibility of customs? Or that be something that has to be proven in court first?

That not costoms. They are not claiming that they are Airpods. It is 100% legal to produce a screen that is “Compatible with Apple iPhone 8” as long as there is not any Trademarked names, logos, etc. on the product.

[BuckGup]

It just makes it apparent how old the people are working for the government are

[Bombastinator]

48 minutes ago, GDRRiley said:

CBP.

 

Not an argument but it is an accusation that Apple was involved. Might be true.  The video is about another instance which says a similar thing has happened when Apple was involved.  It apparently involved Apple logos that were believed to be counterfeit when they weren’t.  This strikes me as another customs mess up.  The assumption that Apple directed customs to seize the screens is assumed.  

[Bombastinator]

38 minutes ago, HelpfulTechWizard said:

Apple is involved in all “counterfeit” Apple product seizures. Eric Rossman has a bunch of MacBook batteries seized because they had the old apple logo. They were batteries that were for MacBooks that had that logo in them when it was the new Apple logo. 

This strikes me as unlikely though I don’t know how customs works.  “All” is a big word.  Might actually be the case depending on how things work though. 

[Beerzerker]

17 hours ago, HalGameGuru said:

SNAFU

 

Can't trust those idiots as far as you can throw them

Just proof of what's been said many times before; 

If you really want something F'ed up as badly as it can get, let the government get involved with it  - Like healthcare for example.

 

A real inept example of dealing with counterfiting and yet it happens, folks when they discover they've been duped complain and so on so.... To me it's a mixed bag.
Airpods aren't something to crow about and I can promise you Apple was happy and a driving force behind it - No doubt.

Now if they would only get the guys that keep selling faked/counterfit GPU's on fleabay.....

 

 

[WkdPaul]

@Bombastinator

I also doubt Apple is involved in all those seizures, but it's very odd that they're boasting about it.

 

I remember seeing a video about a phone repair place (not Rossman) that bought used parts, they were seized and declared as counterfit, I think they even had paperwork explaining it was used parts, but CBP doubled down and said it was counterfeit... From this, from Rossman experience, and others, seems like CBP doesn't know what a counterfeit product is. That's very odd. Either, incompretence, malice, or a bit of both.

[Bombastinator]

8 minutes ago, Beerzerker said:

Just proof of what's been said many times before; 

If you really want something F'ed up as badly as it can get, let the government get involved with it  - Like healthcare for example.

 

A real inept example of dealing with counterfiting and yet it happens, folks when they discover they've been duped complain and so on so.... To me it's a mixed bag.
Airpods aren't something to crow about and I can promise you Apple was happy and a driving force behind it - No doubt.

Now if they would only get the guys that keep selling faked/counterfit GPU's on fleabay.....

 

 

I see similar problems involved with any organization of similar size.  Really large companies also show similar difficulties though they tend to be smaller then even single government departments.  People have  compared government involvement with healthcare compared to no government involvement with healthcare...  ohwait... that happens.. it’s a major reason people want government involvement in healthcare.  It’s even worse without government involvement.

Edited September 14, 2020 by Bombastinator
Typos

[WkdPaul]

3 minutes ago, Beerzerker said:

*snip* let the government get involved with it  - Like healthcare for example.

Canadian here, I'll take my government managed healthcare over the US private and very not gov-managed, thank you

[Bombastinator]

2 minutes ago, wkdpaul said:

@Bombastinator

I also doubt Apple is involved in all those seizures, but it's very odd that they're boasting about it.

 

I remember seeing a video about a phone repair place (not Rossman) that bought used parts, they were seized and declared as counterfit, I think they even had paperwork explaining it was used parts, but CBP doubled down and said it was counterfeit... From this, from Rossman experience, and others, seems like CBP doesn't know what a counterfeit product is. That's very odd. Either, incompretence, malice, or a bit of both.

Apple is boasting about it?  Or the CBP? Implies either serious problems at the CBP or is evidence of a thumb on the scale. If it was apple’s thumb they would be the recipient of the above “you are an idiot” gif.

[GDRRiley]

Just now, Bombastinator said:

Apple is boasting about it?  Or the CBP? Implies either serious problems at the CBP or is evidence of a thumb on the scale. If it was apple’s thumb they would be the recipient of the above “you are an idiot” gif.

apple has pushed for this in laws.

CPB does have many issues

 

[WkdPaul]

Just now, Bombastinator said:

Apple is boasting about it?  Or the CBP? Implies either serious problems at the CBP or is evidence of a thumb on the scale. If it was apple’s thumb they would be the recipient of the above “you are an idiot” gif.

CBP proudly tweeted it, that's why we know ;

 

 

 

[Bombastinator]

9 minutes ago, Beerzerker said:

Just proof of what's been said many times before; 

If you really want something F'ed up as badly as it can get, let the government get involved with it  - Like healthcare for example.

 

A real inept example of dealing with counterfiting and yet it happens, folks when they discover they've been duped complain and so on so.... To me it's a mixed bag.
Airpods aren't something to crow about and I can promise you Apple was happy and a driving force behind it - No doubt.

Now if they would only get the guys that keep selling faked/counterfit GPU's on fleabay.....

 

 

No evidence either. Creates one of those “may” turned into “Will” situations.

[Beerzerker]

@Bombastinator @wkdpaul
Sorry but I don't trust them with mine due to all the obvious red tape, overly done regs and so on, however to each his or her own.
I've had nothing but good come from the system that's in place now - It was either that or I'd be done already and I'm still here (After 2 heart attacks no less).
I'll disagree in how well it's managed vs how well it will (Won't) be managed under the government.

 

OK - It's back to airpods guys.

 

 

[Bombastinator]

I think the question is partially “does Apple consider these things to be competitive with their product”?

 

The impression I got was “no” because they’ve been reviewed as being drastically inferior.