The US customs denies error when it comes to seizing 2,000 pairs of OnePlus Buds, which allegedly violate Apple trademark. As most of you probably already know, CBP confiscated all those earphones yesterday.
At first, it seemed like CBP made a huge mistake, and even OnePlus started indirectly joking about it via social media. This new information kind of reverts the situation, as it seems like CBP knew full well what it was doing.
CBP import specialist determined that OnePlus Buds violate Apple's trademark
The US customs says that a CBP import specialist examined the shipment, and determined these earbuds violate Apple’s configuration trademark. Apple’s configuration trademarks are noted with the CBP.
A CBP spokesperson said that OnePlus (or whoever imported the OnePlus Buds), will have opportunities to provide evidence that this product does not violate Apple’s configuration trademark.
These opportunities will be available through the adjudication process, it seems. The Verge notes that OnePlus declined to comment on the seizure initially, and also after seeing the CBP statement on the matter.
This leaves OnePlus in a rather unflattering situation, though the company does have all the trademarks for OnePlus Buds. It will be interesting to see what will happen as a result of all this.
OnePlus will probably be able to continue selling its earbuds, but only after it sorts out this mess
We’re guessing that the OnePlus Buds will be allowed to continue their journey, but only after the adjudication process. That does create problems for OnePlus, of course, problems with shipment delays.
Apple did not take legal action against OnePlus when it comes to the company’s earphones, not at all. The OnePlus Buds are already available for purchase from OnePlus and various retailers in the US as we speak.
Various OnePlus AirPods and AirPods Pro knockoffs are also available across the US. So, what made CBP stop this shipment in particular, and a shipment from a well-known tech company. Well, who knows.
It is possible that the CBP made a mistake and decided to deny it to save face, but that’s just one of the possibilities. On the flip side, it’s possible that CBP knew full well what it’s doing, and does believe it has a case here.
There’s a good chance we’ll hear more about this case in the coming days. OnePlus did refuse to comment on everything, but it may release an official statement in the near future. The company may be collecting information and decided on what to do next.