US Customs: OnePlus Buds seized violate Apple’s trademark

US Customs has confirmed that the seized OnePlus Buds infringes Apple’s trademark. A customs import specialist assessed that the earbuds’ design infringes on one configuration trademark from Apple.

In a statement to, among others, The Verge, the Customs and Border Protection writes that the seizure has nothing to do with the text and images on the packaging of the product, but that it is purely about the content of the packaging. When customs announced last Friday that they had confiscated the ears, many people assumed it was an error. That turns out not to be the case, customs insist that the OnePlus Buds are counterfeit Apple AirPods.

Customs did not specify which features of the product infringe an Apple trademark. Presumably it concerns the shape of the earbuds themselves, with the leg with a silver end in particular resembling the leg of the AirPods. The Buds does have a flat surface on the back of the leg, which the AirPods does not have.

According to customs, OnePlus or the importer of the earbuds will have ‘many opportunities’ to provide proof during the further course of the review process that the Buds do not infringe Apple’s trademarks. As far as is known, Apple has not taken any action against OnePlus about the Buds ears. As far as is known, Customs has decided to confiscate the Buds ears, based on the trademarks registered by Apple.

The OnePlus Buds will remain for sale in the United States, although it is obvious that US customs will also confiscate upcoming shipments. OnePlus itself has, next to the message “Hey, give it back!” From yesterday, not yet responded to the customs case.