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> But unless Apple registered something similar for shape or the color of the AirPods, or somehow patented its design, it's not an infringement, and the CBP cannot seize them.

Apple most certainly did get design patents for them. First relevant search result:

https://www.patentlyapple.com/patently-apple/2017/09/apple-w...

Not debating that patents are good things, especially in this case, but it is pretty obvious to me (as in, not a patent attorney) that they heavily incorporated Apple’s design IP.



There are a couple trademarks on the AirPods shape, but neither seem to be granted: https://uspto.report/TM/88402652 https://uspto.report/TM/88357707




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