The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
U.S. Customs and Border Protection (CBP) officers at the International Falls Port examined a rail container arriving in Minnesota. Upon further inspection, CBP officers found counterfeit Apple AirPods. CBP seized about 5,088 pairs of AirPods and 384 AirPod chargers with an MSRP of $813,216, if the goods were authentic.
If you have had a detention or seizure of alleged counterfeit Apple AirPods or other products, contact seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at firstname.lastname@example.org.
In mid-June, U.S. Customs and Border Protection (CBP) officers in Louisville seized 8 shipments manifested as “bluetooth audio devices” and found 817 pairs of earbuds that bear a strong resemblance to Apple Incorporated’s AirPods three-dimensional configuration trademark. As you are aware, CBP is required by law to enforce trademarks and patents if the trademark/patent/copyright holder submits a request to Customs.
In all cases involving intellectual property rights seizures – CBP import specialists will submit photos or samples of goods suspected of violating intellectual property rights to the rights holder. In 100% of the cases, Apple will always reject any sample or photo as counterfeit. Even if the imported phone is a phone previously sold through T-Mobile, traded-in by the first user, sold to a liquidator, exported to China for repair, then shipped back to the US – Apple will notify Customs the phone is counterfeit.
While the AirPods in this shipment did not contain the Apple logo, CBP is enforcing the 3-d configuration trademark. While the photo provided by Customs is hard to see, I believe the AirPods seized are the TWS-iXX headphones. The earlier models of the TWS I believe started with the TWS-i7, and in 2021 I see TWS-i12 headphones being sold. I cannot see the model number clearly, but can determine the photos are boxed TWS series headphones.
Customs seized the headphones and determined the value of the 817 headphones was approximately $331,360 if genuine, or about $405 per pair. I do not know how CBP valued these headphones as authentic Apple AirPods start at $199 and go as high as $249 for the AirPod Pro models.
If you have had your TWS shipment seized by Customs, or have any other IPR violations, contact Customs attorney David Hsu for immediate assistance at 832-896-6288 or by email at email@example.com. We are based in Houston but represent clients nationwide and abroad. Call for your free consultation.
According to a U.S. Customs and Border Protection (CBP) media release, CBP working in Houston in late January seized counterfeit electronics – including Apple’s “AirPods” worth more than $1.6 million dollars of MSRP value. According to the media release – the importer of record abandoned the merchandise, meaning CBP will destroy the goods.
Do you have to abandon your goods if they have been seized for intellectual property rights violations? No, you do not – the other alternative is to petition for the release of the goods if you know they are authentic. While a petition does not guarantee a return of your goods, it gives you the opportunity to present your information and argue why the goods are authentic to CBP.
The remainder of the media release reiterated CBP’s arguments against counterfeit goods – (1) may be produced from forced labor, (2) economic harm to the trademark holder, (3) unsafe products that may cause injuries to the consumer.
If you or anyone you know has had your shipment seized for alleged intellectual property or trademark violations – contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org
According to a mid-December U.S. Customs and Border Protection (CBP) media release, CBP officers in Cincinnati seized multiple boxes of counterfeit goods totaling 550 pounds. The seized shipment from Hong Kong arrived in multiple shipments and included electronic accessories such as cables, earbuds, chargers with counterfeit logos from brands such as Apple and Samsung. CBP estimated the MSRP (if authentic) of the goods was $49,666.00 – a very specific amount typically used when there is a quantity of counterfeit goods seized.
This is the first time in recent memory CBP has described a shipment of counterfeit goods by weight. My guess is the number of earbuds, cables, chargers and adapters (lighting to headphone jack?) were packaged in small boxes or clamshell packaging. Separating each earbud case, each box of cable and each charger would likely have taken too much time to separate and count.
The media release includes the typical CBP paragraph warning counterfeit goods and the sale of contribute to criminal activity, forced labor, human trafficking and cause a risk to consumers due to the products not meeting quality standards.
If you have had your goods seized by Customs, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com to discuss your options.
U.S. Customs and Border Protection Officers in Chicago inspected and seized seven boxes from Hong Kong containing 423 smart watches and 200 earphones. With suspected intellectual property seizures, CBP will send photos or samples of the items to the Electronics Center of Excellence and Expertise (Electronics CEE). The CEE will then verify with the property rights holder if the importer was authorized to use the word mark. 100% of the time the property rights holder will reply the importer of record is not authorized to import the goods and the entire shipment will be seized.
In addition to registering the “Apple”, “iPhone” with Customs, companies can also protect the shape, design, form and function of the items. For example, the photo above shows the same shape and design of an Apple Watch. CBP estimates the value of the shipment, if authentic would be approximately $204,168.
What happens after a seizure? If you are an importer, after a seizure, CBP will send you a “Notice of Seizure”. You will then have 30 days to respond to the Notice of Seizure, if you do not – then Customs will begin forfeiture of your goods.
Contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org if you have received a seizure notice to discuss your options.
U.S. Customs and Border Protection (CBP) officers at the LA/Long Beach seaport (one of the top 4 busiest US ports) seized over 2,400 pairs of counterfeit wireless earphones along with 14,220 charging cables. CBP estimates the value of the seized goods, if authentic to be worth $651,780. The goods were seized for violating Apple’s airpod and lightning registered trademarks (see image of a sample of the actual AirPods and cables seized).
If you have had your shipment seized for suspicion of violating trademarks, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com to discuss your options.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers at the Chicago Express Consignment facility seized 450 Apple iPhone cases from Hong Kong. Officers opened the shipment labeled “mobile phone shell” and found the cases for the 11 Pro, 11 Pro Max and the 8 Plus phone models.
CBP officers determined the cases were counterfeit based off bad quality design, materials, packaging and printing. Based off the image attached to this media release, I believe the cases are counterfeits of the Apple OEM cases sold through the website.
If authentic, the value of the cases would retail for about $17,550. If you have had your DHL/UPS/FedEx shipment seized by CBP for alleged counterfeit violations – contact seizure attorney David Hsu 24/7 by phone at 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Pittsburgh seized counterfeit consumer goods that included electronics, air pods, sneakers and designer brand purses. If authentic, the value of the seized goods would be more than $51,000. The two above photos are from the CBP media release.
It is obvious the purse is a counterfeit, however, I don’t believe the importers of the AC adapter should have their adapters seized – there is no way an importer or manufacturer would use an image of a red apple and believe someone would think that is a real Apple product.
The counterfeit goods were shipped in 23 separate boxes, of which 19 boxes were from Hong Kong, 2 from China, and 1 each from Singapore and Taiwan. The media release further itemizes the seized goods: 264 flawless shavers (no idea what these are), 235 Apple chargers (which wouldn’t confuse anyone as to their authenticity), 120 “Apple” ear pods, 60 HDMI switches, 21 fully-loaded Nintendo-like gaming systems (probably the emulators running Nestopia?), 20 pairs of Air Jordans and counterfeit purses featuring brand names such as Louis Vuitton, Prada, Fendi and Gucci.
If you have had your good seized and you received a seizure notice from Customs, contact experienced customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
If Trump levies a 10% tariff on over $300 billion of goods on September 1st, all of Apple’s products from China would be impacted. What options does Apple have?
Exclusions – Apple can apply for an exclusion of their goods that are covered by the proposed List 4.
Country of origin – Apple’s major contract manufacturer, Hon Hai has additional production ability in Taiwan, India, Thailand and Vietnam and a shift to one of those countries may be possible. Samsung makes their Galaxy phones in Vietnam.
Apple can ask their suppliers for price reductions to make up for the additional 10% duties.
Like Apple, other these options are also available to any company that manufactures in China. If you want to know what your company can do to lessen the impact of the potential duties, or want to know other ways to save money on duties – contact experienced trade attorney David Hsu at 832-896-6288 or by email at firstname.lastname@example.org, email@example.com.
According to the AFP, earlier today, President Donald Trump warned he would deny Apple’s “exclusion request” for tariff exemptions on device components imported from China.
Specifically, President Donald Trump wrote on Twitter:
“Apple will not be given Tariff wavers, or relief, for Mac Pro parts that are made in China. Make them in the USA, no Tariffs!”
Trump’s message on Twitter is in response to Apple’s filing of an “exclusion request” with the U.S. trade representative. Apple claims that some parts of the Mac Pro desktop being sold at $6,000 can only be sourced in China and therefore not be subject to 301 duties.
If your imported goods from China are subject to the current “List 3” duties and you would like to file an exemption, contact experienced trade attorney David Hsu at firstname.lastname@example.org, email@example.com or by phone/text at: 832-896-6288.