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Trademarks are not limited to text, the gray and yellow color scheme is a Registered Trademark by Fluke [0]. Nowadays 2/3 of the cheap meters use this color scheme, at this stage this trademark is effectively dead, most people will not connect this color scheme to Fluke. I didn't even know it came from Fluke (neither did SparkFun I guess), until this incident.

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.

Now the question is, how much does it cost to sue the CBP...

[0] https://tsdr.uspto.gov/#caseNumber=75934005&caseType=SERIAL_...

> Trademarks are not limited to text, the gray and yellow color scheme is a Registered Trademark by Fluke

Absolutely, trademarks can be made in a wider variety of things, but in this particular case...

> Description of Mark: The mark consists of the colors dark gray and yellow as applied to the goods. The dotted outline of the goods is intended to show the position of the mark and is not a part of the mark.

> Color(s) Claimed: Color is not claimed as a feature of the mark.

Interpreting whether or not the gray and yellow color scheme is in fact a registered trademark seems... More difficult than just point to a form.

> 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