CBP Says It Followed Procedure in Recent Earbud Seizure
CBP followed protocol when it seized “counterfeit Apple Airpod Earbuds,” despite a news release that showed another brand of wireless headphones, an agency spokesperson said. The other brand, OnePlus, said “Hey, give those back!” in response to a CBP tweet about the seizure. The CBP spokesperson defended the process: “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,” he said. “Based on that determination, CBP Officers at JFK Airport have seized the shipment under 19 USC 1526 (e).”
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The seizure “is unrelated to the images or language on the box,” the agency said. “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.” OnePlus didn't respond to a request for comment.