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U.S. Customs and Border Protection (CBP) officers last month seized a shipment of OnePlus Buds earphones at JFK Airport apparently believing they were counterfeit Apple AirPods, reports The Verge.

CBP tweeted last night that its officers had "recently seized 2,000 counterfeit Apple AirPods from Hong Kong, valued at $398K had they been genuine."


The tweet also linked out to an official press release that praises CBP officers for "protecting the American public from various dangers on a daily basis," adding "the interceptions of these counterfeit earbuds is a direct reflection of the vigilance and commitment to mission success by our CBP officers daily."

Based on the accompanying photos, however, the seized products are actually legitimate OnePlus Buds, as clearly described on the earphones' boxing. Whether the 2,000 seized units were all OnePlus Buds isn't immediately clear, but given that the CBP tweeted "That's not an [Apple emoji]" in direct reference to the OnePlus boxes suggests this is all an embarrassing mistake.

In addition, and as noted by The Verge, the CBP's valuation suggests they have been mistaken for AirPods, because at $79 each, 2,000 OnePlus Buds would be worth $158,000, not $398,000. According to the CBP press release, which makes no mention of the OnePlus branding, the units originated from Hong Kong and were headed to Nevada, but were seized at JFK on August 31.

To be fair, the OnePlus Buds bear a strong resemblance to Apple's stick-like earphones, and there's no doubt that the market is awash with AirPods knockoffs. But OnePlus is a well-known brand, and there's no shortage of other legitimate brands that "pay homage" to the form factor and iconic aesthetic of Apple's AirPods with their own true wireless earphone offerings.

Whether the seizure was indeed the result of a cock-up or just poor communication on CBP's part, OnePlus has clearly seen the funny side: Its official USA Twitter account replied to the CBP tweet with "Hey, Give those back!" accompanied by an upside down smiley emoji.

Article Link: US Border Patrol Seized 2,000 OnePlus Buds Believing Them to Be 'Counterfeit Apple AirPods'
 
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Arctic Moose

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Jun 22, 2017
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I'm just looking at this and thinking it raises a genuine question of what constitutes a counterfeit. Is a copy of a product a counterfeit, or is it only a counterfeit if it passes itself off as being the genuine article?

"made in exact imitation of something valuable with the intention to deceive or defraud"

They may well be infringing on trademarks, copyrights or patents, but they are certainly not counterfeit.
 
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cmaier

macrumors Core
Jul 25, 2007
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California
"made in exact imitation of something valuable with the intention to deceive or defraud"

They may well be infringing on trademarks, copyrights or patents, but they are certainly not counterfeit.
You know their intent? Or it’s not exact enough a copy? Just curious.

I mean a fake Rolex is not exactly the same as a real Rolex. And changing its logo to rowlex doesn’t mean it’s not an intent to deceive.
 
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cmaier

macrumors Core
Jul 25, 2007
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California
Not Counterfeit AT ALL, only the Obvious Shape™ for that product.


/s
Yep. Funny how everything is the obvious shape after Apple does it.

Except when Apple first does it everyone says it’s a stupid shape, like an ear tampon, blah blah.

So the definition of obvious shape seems to be “shape apple’s had success with”
 
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Wando64

macrumors 65816
Jul 11, 2013
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Sorry to be that person but, unless you are all trying to make a joke, you should look again at the definition of “counterfeit”, especially the bit where it mentions the “intention to deceive” and explain how can anybody mistake a 1+ branded product for an original Apple.

EDIT: I can see that many others are saying exactly the same thing. I should have read the entire thread first.
 
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Biu_miu

macrumors regular
Aug 29, 2016
171
276
Imagine the super uncomfortable convo between boarder guards and OnePlus representative
" These are not counterfeit AirPods, it is legit earphones by OnePlus, are you blind, look at the box?" *guard blushes*
"Ok, then, why do they have the same colour, almost the inside, outside, earphones form and specs as The AirPods, maybe you were trying, (and i'm not afraid of this word) COPY them?" *One Plus representative blushes*
 
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