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

[Rohith_Kumar_Sp]

relevant 

 

 

 

[Donut417]

[IntMD]

23 hours ago, sub68 said:

lol the officers don't know that these are legit something made by a good company

EDIT:the CBP still believe these are counterfeits

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

I'd like to know the (supposedly valid) product configuration trademark Apple have that OnePlus were apparently using... Patent for something, maybe I could understand with the useless way patents are still being granted, but still...

[dalekphalm]

1 hour ago, IntMD said:

I'd like to know the (supposedly valid) product configuration trademark Apple have that OnePlus were apparently using... Patent for something, maybe I could understand with the useless way patents are still being granted, but still...

So just to add a little context, a "Product Configuration Trademark" is basically like the Trademark version of a patent of a physical design. Basically they describe the physical appearance of the product.

 

Specifically:

Quote

product configuration trademarks provide rights in the appearance of the product itself

https://ccbjournal.com/articles/product-configuration-trademarks-burdens-and-benefits-securing-protection-product-desi#:~:text=In contrast to conventional trademarks,appearance of the product itself.

 

It seems they are basically saying that actual official OnePlus Buds are Apple AirPod rip-offs.

 

I suspect lawsuits will start flying left and right very soon over this.

 

I just can't see how this is valid - AirPods and OnePlus Buds share some similarities, as do most wireless in-ear earbuds. But they are clearly distinct in visual appearance, especially in the details.

 

If Apple truly did get a trademark issued that is so broad it can cover any competitors vaguely similar wireless earbuds, then that Trademark should be tossed.

 

I suspect, however, that the Trademark itself is specific enough that this should not have happened. Hell, Apple hasn't even sued OnePlus over them - if they thought there was a valid chance of them winning a lawsuit, you can bet your asses it would have been filed the moment OnePlus Buds went on sale.

[LAwLz]

4 hours ago, dalekphalm said:

I just can't see how this is valid - AirPods and OnePlus Buds share some similarities, as do most wireless in-ear earbuds. But they are clearly distinct in visual appearance, especially in the details.

 

If Apple truly did get a trademark issued that is so broad it can cover any competitors vaguely similar wireless earbuds, then that Trademark should be tossed.

Wouldn't be the first time Apple has an overly broad design patent that could be used to sue any competitor. 

 

https://www.androidpolice.com/2012/05/04/the-samsung-galaxy-s-iii-the-first-smartphone-designed-entirely-by-lawyers/?amp

[dalekphalm]

1 hour ago, LAwLz said:

Wouldn't be the first time Apple has an overly broad design patent that could be used to sue any competitor. 

 

https://www.androidpolice.com/2012/05/04/the-samsung-galaxy-s-iii-the-first-smartphone-designed-entirely-by-lawyers/?amp

True enough - though in such a case, I blame the patent system for issuing what I would consider an invalid patent, rather than Apple using all available legal measures to their benefit.

 

Fix the problem, not the symptom.

 

And maybe that's the case here - but Apple has yet to sue OnePlus over this. That tells me that Apple doesn't (or not yet anyway) see OnePlus Buds as infringing on any of their patents or trademarks.

 

OnePlus will almost certainly have to go to court against the CBP over this - perhaps Apple might get involved, perhaps not. If Apple didn't think they could win a court case, they'll likely stay out of it completely.

[CarlBar]

54 minutes ago, dalekphalm said:

True enough - though in such a case, I blame the patent system for issuing what I would consider an invalid patent, rather than Apple using all available legal measures to their benefit.

 

Fix the problem, not the symptom.

 

And maybe that's the case here - but Apple has yet to sue OnePlus over this. That tells me that Apple doesn't (or not yet anyway) see OnePlus Buds as infringing on any of their patents or trademarks.

 

OnePlus will almost certainly have to go to court against the CBP over this - perhaps Apple might get involved, perhaps not. If Apple didn't think they could win a court case, they'll likely stay out of it completely.

 

If this ends up in court i suspect a lot of heads are going to roll over at CBP as i can't see them winning this, not clear on weather OnePlus would be due any damages from this. AFAIK the US Federal government is generally immune to direct suing but not sure weather this applies here, (I'm from UK so pardon my limited knowledge of US laws).

[wanderingfool2]

14 minutes ago, CarlBar said:

If this ends up in court i suspect a lot of heads are going to roll over at CBP as i can't see them winning this, not clear on weather OnePlus would be due any damages from this. AFAIK the US Federal government is generally immune to direct suing but not sure weather this applies here, (I'm from UK so pardon my limited knowledge of US laws).

Everything is going to be how vague the trademark actually is.  If it's pretty much as vague as the rounded corners then the CBP can't be faulted. Don't know enough about trademark laws, but I would suspect that OnePlus would have to sue to invalidate the trademark description...with that said, if it is upheld then the CBP could start completely confiscating all OnePlus buds being important

[ThePointblank]

The thing about customs decisions regarding if something violates import laws is that they are often made at the local level, not at a higher up level. It's up to the officer's discretion as to whenever or not something violates import laws. While local officers might consult with managers and higher up the food chain, the ultimate discretion is up to the customs officer at the scene, and it is sometimes a judgement call if it is particularly a grey zone.

[Bombastinator]

4 minutes ago, ThePointblank said:

The thing about customs decisions regarding if something violates import laws is that they are often made at the local level, not at a higher up level. It's up to the officer's discretion as to whenever or not something violates import laws. While local officers might consult with managers and higher up the food chain, the ultimate discretion is up to the customs officer at the scene, and it is sometimes a judgement call if it is particularly a grey zone.

So who gets the hat?