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Last Friday , U.S. Customs and Border Patrol ( CBP ) station in NYC seized a despatch of what they lay claim to be ' fakeAppleAirPods . ' After Tweeting about the gaining control and posting an official reputation to the CBP web site , people set off to call out the fact that the gallant bust was not counterfeit . In fact , it was a load of new wireless earbuds from OnePlus , the popular manufacturer ofsmartphonesand accessories .
OnePlus is a Chinese electronics manufacturing business founded in 2013 , with products available in over 34 nation worldwide . The company recently announce its raw OnePlus Buds back in July asa ( similarly search ) competitorto Apple ’s AirPods . As for the CBP , in 2019 , it grab nearly 30,000 shipments containing goods that violate cerebral property rightfulness . A total estimate MSRP of $ 1.5 billion in seized good , had they in fact been real . intelligibly usance has been doing a thorough job of preclude counterfeit items from go into the country , they just may not have heard of OnePlus yet .
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According to the official liberation from theCBP web site , officers seized 2,000 imitative Apple AirPods at an air shipment facility located at JFK Airport . The shipment originated from Hong Kong and was headed for Nevada . It goes on to state that if the merchandise had been real ( which it is ) , the MSRP would be $ 398,000 . That would have been quite the sting if those were in fact counterfeit AirPods , but regrettably customs got this one legal injury . In their release itself , they even go as far as to post photos of the ' contraband ' that intelligibly showthe OnePlus logoand particular description . While Twitter was flying to enlighten the largest law enforcement agency within the Department of Homeland Security , the CBP has not updated its release nor has it removed its initial tweet vaunt about the bust .
U.S. CBP, OnePlus, & An Apple Trademark
What was initially interesting about this wholeearbud mixupis the lack of acknowledgement from the U.S. Customs and Border Patrol . It originally proclaimed on multiple online platform that its interception of those ' counterfeit ' earbuds was a direct reflection of the vigilance and commitment to mission success by its CBP ship’s officer . That ’s a bold argument and one that more than potential rings true for every other big binge made this year . However , this situation is quite unlike and the CBP is likely replicate down on its decision . Since the upshot , the CBP emerge a statement toThe Vergeexplaining that the true conclusion behind the counterfeit claims came when an import specialiser mold that the earbuds appeared to violate Apple ’s configuration trademark , commemorate with U.S. Customs .
This Modern statement explaining the determination to sequester the belongings not only typify CBP ’s dig in its heels to avoid accommodate an error , but could now demonstrate a novel ' OnePlus versus Apple ' offspring regarding a trademarked product . Whether this assertion will take tolegal military action from Appleor possible litigation for both earbud maker stay to seen . According to CBP officials , OnePlus will have several chance to provide grounds that its merchandise does not violate the register trademarks . So while the initially consensus online was that CBP is ignorant and does n’t even recognise OnePlus products , there is apparently a legit sound issue behind its decision . While it ’s reassuring to see how open-eyed perimeter patrol is being asties with China remain strained , it will be interesting to see how OnePlus reacts if CBP continues to halt its future imports to the States , ' fake AirPods ' or otherwise .
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Source : U.S. CBP , The Verge
