They are. The picture shows that they are 1plus buds but inside the box, they are not 1plus buds at all. They look like AirPods to me.
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US Border Patrol Seized 2,000 OnePlus Buds Believing Them to Be 'Counterfeit Apple AirPods'
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Please look again. Compare the shape of the case and of the buds to the product images on oneplus.com and apple.com. Look at the contour of the buds in the case lid. AirPods don’t have that cylindrical end. They are OnePlus Buds, not AirPods.
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While that was the original point of trademark law, that's not all modern laws against counterfeit goods cover. To take the fake rolex example, all those $5 flea market fakes are illegal even if the sign and any packaging clearly says they're fake (and even if they're 4th shift goods, as happens with designer clothing), because it undermines the prestige of the brand in the eyes of other potential customers and so has been banned as counterfeiting too.
Sure, now go look at a Rolex “homage” made by Invicta. It’s almost identical, but has the Invicta branding. This is a much more accurate parallel to the OnePlus Buds vs AirPods....and it’s legal.
Exactly, I'd say that many of these "Submariners", that have been sold legally for years and years, are more similar to the real thing than OnePlus Buds are to AirPods.
32 Best Rolex Submariner Homage Alternatives - The Upgreater
In the world of watches, the Rolex Submariner is truly a legend. With a history spanning over six decades, the Submariner has seen other designs come and go,
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Apple may be more litigious than Rolex in protecting their design, so the outcome could be different, but it is far from a sure thing that Apple would win.
To everyone saying that these are a design rip off, using the same thinking all TV's are rip offs of each other etc etc. CBP got it wrong and won't admit it. Just like everyone claiming that Apple should sue one plus.
I'd like to remind people that, depending on what country you are in, an Intellectual Property Design only lasts 15 or 25 years. After that, your design is no longer protected and can be freely and legally copied. It's a bit different for patents and a lot different for Trademarks and literary Copyright.
That is why so many fountain pen designs that originated in the '20s and '50s are no longer protected. However, the Mont Blanc Snowflake, the Platinum "3776", the Sailor "1911" and the Jinhao Warrior Chariot are all protected even if the design of the pen isn't.
It would be the same with the Rolex Submariner. It's design is no longer protected, but the Rolex trademark is.
Lamy protected the design of their Safari pen until its protection ran out several years ago, then there were a slew of quite properly legal copies, all of which were different in the clip and branding so as not to infringe on Lamy's trademarks.
A lot of people get very moralistic about copying designs, but it is covered by very complex International Law and that is what people should go by.
That is why so many fountain pen designs that originated in the '20s and '50s are no longer protected. However, the Mont Blanc Snowflake, the Platinum "3776", the Sailor "1911" and the Jinhao Warrior Chariot are all protected even if the design of the pen isn't.
It would be the same with the Rolex Submariner. It's design is no longer protected, but the Rolex trademark is.
Lamy protected the design of their Safari pen until its protection ran out several years ago, then there were a slew of quite properly legal copies, all of which were different in the clip and branding so as not to infringe on Lamy's trademarks.
A lot of people get very moralistic about copying designs, but it is covered by very complex International Law and that is what people should go by.
True. Although, at this point a new Submariner is also practically an homage to the original. I would think Rolex could make a stink about the thicker lug design, ceramic bezel or 70h power reserve movement design if they wanted to.
I agree, but the key here is who is crying foul? CBP or Apple?
Unless Apple sues, I think it's clear CBP screwed up badly.
Yes. Useless. Private markets are infinitely more efficient and truthful. The government by its very nature is wasteful, destructive, and useless. Customs protects me from nothing, and if I had a choice the government wouldn’t be stealing from me to pay their salary for services I didn’t ask for.
I'm sorry, there is so much wrong with this statement.
- Private markets can't be more efficient because the owner demands a cut of gross income as profit. In every single case of a public system (transport, hospitals, schools) in Australia being privatized, costs to the user have gone up and levels of service have gone down. Many times I have asked someone to give me a counter-example and they have not been able to.
- Private markets are truthful. Really? Please give me an example.
- Government is wasteful. No. The vast majority of public servants are hardworking, dedicated and work effectively with fewer resources than private enterprise. Yes, there are a few who aren't, but that is so in any organization. See statement 1.
- Government is not destructive. Private companies are destructive. Just look up the reports of Rio Tinto blowing up some ancient rock shelters in Western Australia. These were not just the property of the local land owners, but were the heritage of all mankind because of their age. Three Mile Island was a privately owned and run system. Etc, etc, etc.
- Government is not useless. Who else sets up laws that keeps society on some sort of nearly even keel? Do you really want to live in a society where there are no laws? Every society (every grouping of two or more people) has some form of government. Consider a share house where the housemates agree on doing the washing up and stocking the fridge. That's a government in a very small scale. The only way to have no government is to live as a hermit.
- Customs protects you and your family from dangerous baby toys, adulterated hand sanitizer and batteries that blow up when being recharged.
- Governments make you pay taxes for all sorts of things, like making laws and having a standing army and police force. Do you really want to live in a society where only the well-off can afford a police force, or where the local warlord kidnaps your sons to defend his borders?
In any other situation you have a society with government, laws, taxes and public servants.
You’re a statist and you like to force other people to do things. Don’t take my money to pay for things you want. If you want something, that’s fine, pay for it yourself. If you think the government is there for your good, I’m sorry for you but you’re ignorant to the truth. I’m happy to take care of myself without a ruler or slave master telling me what to and pretending it’s for my own good. And you can do it too, I believe in you!
Great job on a point by point refutation of everything claimed by DaveFromCampbelltown! Stellar, really!
this dude must think that his Toyota is a Ferrari, because it has 4 wheels.Really?
Your AirPods look like this?
Ok.
There isn’t enough time in the world to convince a statist that he can survive without thieving bureaucrats ordering him around with the threat of violence.