<story><title>Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds</title><url>https://www.theverge.com/2020/9/13/21435637/us-cbp-counterfeit-airpods-oneplus-buds-mixup</url></story><parent_chain><item><author>bdowling</author><text>The products here may be considered legally counterfeit for one or more reasons other than simply using the word mark APPLE. For example: (1) trademark or trade dress infringement if the product&amp;#x27;s decorative features (color, etc.) or packaging copies a registered trademark of Apple, (2) copyright infringement if the product contains copied Apple code without a license,(3) patent infringement if the product implements some patented Apple technology without a license, (4) design patent infringement if the product is a copy of an Apple-patented ornamental design, or (5) some other copied intellectual property.</text></item></parent_chain><comment><author>himinlomax</author><text>It&amp;#x27;s reasonable to think that One Plus could be found to be infringing on Apple&amp;#x27;s trademarks or design patents, but that would have to be decided in court. It&amp;#x27;s rather strange that customs could decide that some product clearly labelled with one trademark (and an established one at that) are counterfeits of another.</text></comment>
<story><title>Feds seize ‘counterfeit Apple AirPods’ that are actually OnePlus Buds</title><url>https://www.theverge.com/2020/9/13/21435637/us-cbp-counterfeit-airpods-oneplus-buds-mixup</url></story><parent_chain><item><author>bdowling</author><text>The products here may be considered legally counterfeit for one or more reasons other than simply using the word mark APPLE. For example: (1) trademark or trade dress infringement if the product&amp;#x27;s decorative features (color, etc.) or packaging copies a registered trademark of Apple, (2) copyright infringement if the product contains copied Apple code without a license,(3) patent infringement if the product implements some patented Apple technology without a license, (4) design patent infringement if the product is a copy of an Apple-patented ornamental design, or (5) some other copied intellectual property.</text></item></parent_chain><comment><author>bjt</author><text>I&amp;#x27;m scratching my head trying to figure out why you&amp;#x27;re being downvoted while the least well-informed comments along the lines of &amp;quot;Customs officials are dumb!&amp;quot; are at the top.&lt;p&gt;This is very likely a design patent case, not just trademark.  In which case, they could be infringing regardless of the logo on the box.&lt;p&gt;Then again, the article isn&amp;#x27;t helping, as it also seems oblivious to the design patent possibility.</text></comment>