Yesterday US Customs and Border Protection seized 2,000 pairs of OnePlus Buds, saying that they were "counterfeit Apple AirPods". Most assumed it was a funny mix-up, but now it looks like may not be the case.
CBP said in a statement today that the OnePlus Buds that it seized "appeared to violate Apple's configuration trademark" as determined by a CBP import specialist. "Apple has configuration trademarks on their brand of earbuds, and has recorded those trademarks with CBP," the agency added in a statement to The Verge.
As for the OnePlus branding on the boxes, the CBP said that its seizure "is unrelated to the images or language on the box" and that "a company does not have to put an 'Apple' wordmark or design on their products to violate these trademarks."
OnePlus has not given an official statement on the CBP's seizure. Last night, the company had a bit of a lighthearted reaction to the CBP's tweet announcing the seizure, saying "Hey, give those back!" with an upside-down emoji face. Now that the CBP is doubling down on its seizure, though, OnePlus may not be feeling so lighthearted about it.
The CBP says that OnePlus will have chances to "provide evidence that their product does not violate the relevant recorded trademarks," so it'll be interesting to see how this situation plays out.