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Comment by mherdeg | Hacker News Reader

Huh. What happened with the lot of 2000 seized OnePlus Buds? ( https://www.theverge.com/2020/9/14/21436760/us-customs-state... )

Did the company just write off that shipment and keep selling them?

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I wondered about that. CBP affirmed they didn't make a mistake and then you just never heard about it again.

I had a pair of white Denon Wireless Earbuds that I tried to sell on Facebook Marketplace, still in shrink and with my own photos. They were kicked off as counterfeit items, presumably because I described them as knockoff Air Pods and that triggered some filter. I wonder if Apple is also coaching classified ad sides with the same trademark messaging they're giving CBP?

'I described them as knockoff Air Pods'

If Facebook didn't immediately block sales of items self-described as knockoff <whatever brand>, they'd be (rightly) criticised for allowing the sale of counterfeit goods

Is it a counterfeit if it's advertised as such? The harm of counterfeits is only when they're being passed off as the real thing. If the buyer is aware that it's counterfeit what's the issue?

Are you asking if it's counterfeit if you say it's counterfeit? If it weren't, and you said it was, wouldn't you be lying?

That you’re cutting into the sales of the legitimate item and the buyer could easily sell on the counterfeit to an unwitting buyer. The protection does not solely exist for the benefit of consumers.

Why's that? For example, wouldn't you describe any rotomolded cooler as a knockoff Yeti? To me, that doesn't seem to comment on the legit vs. counterfeit nature of the cooler, it just anchors the viewer's expectation.

Is there some special protection (in the USA) given to describing something as a "knockoff" versus "similar to"?

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