Can you sell fakes on eBay?

[Cappuccino]

I know you can't sell fakes, but what if you state that the item is fake in the description 'Item X is not genuine please make sure you understand that' or something like that is okay? Surely that is ok to do? I really don't want to get in trouble. Anyone know? Appreciate the help.

 

[lxskllr]

You can't legally infringe trademarks wnether or not you state the item's authenticity.

 

[dave_the_nerd]

http://www.dailymail.co.uk/news/art...-destroy-2-500-violin-deemed-counterfeit.html

 

[Cappuccino]

You can't legally infringe trademarks wnether or not you state the item's authenticity.

But I am telling the buyers that X is fake and it is not genuine and if they decide to buy it then that's their choice and they know the item is fake. If I don't state that they are fake then sure I get in trouble. I am confused now.

 

[lxskllr]

But I am telling the buyers that X is fake and it is not genuine and if they decide to buy it then that's their choice and they know the item is fake. If I don't state that they are fake then sure I get in trouble. I am confused now.

You'd be diluting a company's good name by selling junk under their trademark. They own their name, and are the only ones who can use it(excepting licensing agreements). IOW, your problem isn't the customer, but the company. If you avoided using trademarked names/graphics, that would probably be ok.

 

[Rakehellion]

If you sell it as a novelty or collectible.

 

[FelixDeCat]

The correct marketing term is "reproduction".

And the chance you take selling them is your own.

 

[Cappuccino]

You'd be diluting a company's good name by selling junk under their trademark. They own their name, and are the only ones who can use it(excepting licensing agreements). IOW, your problem isn't the customer, but the company. If you avoided using trademarked names/graphics, that would probably be ok.

Oh I see.

How would I avoid using trademarked names/graphics? Let's pretend I have a fake Sony headphones right now and I want to sell it. How would I avoid trademarked names/graphics? Do I cover the logo? Do I title the item to x y z? What do I do? I don't know lol.

 

[tynopik]

nope, it is impossible to sell fake items on ebay

everything listed is 100% authentic and genuine

 

[Cappuccino]

If you sell it as a novelty or collectible.

WHat do you mean?

 

[SKORPI0]

The correct marketing term is "reproduction".
And the chance you take selling them is your own.

I'd be using the work "Replica". But it is still illegal to sell them, even if you state so in your listing.

https://pages.ebay.com/help/policies/replica-counterfeit.html

 

[Red Squirrel]

You're only allowed to if you're form a country like China. Which pisses me off, because how are genuine sellers suppose to compete with that? If they're going to allow it they should allow it for everyone. Or not allow it at all, but I believe in freedom so I say allow it, but for everyone. Perhaps put a requirement that you MUST state it's not the real thing. A lot of the time people actually want the real thing but trying to search Ebay/Amazon is a gamble as you don't know what you're getting. So I say allow it, but require that it needs to be marked.

Same with ULC approvals etc on electronic stuff. China is allowed to sell stuff that has zero safety recognition but if you want to try to sell something then it has to be certified. The cost of doing that makes it not worth it. The system is pretty much designed to prevent locals from having a chance. They government even went as far as cutting trade deals that make it so shipments from China are free.

These rules are not the site's (Ebay and Amazon etc) jurisdiction but the government. The sites just have to follow the rules that the government laid out by not allowing certain items or allowing certain items.

 

[FeuerFrei]

Descriptive words to use: faux, imitation, replica, homage, clone, authentic reproduction

I think you'd be safer if you removed any brand names or logos.

 

[Red Squirrel]

Yeah if you're going to do it don't use the name of the original or anything close to it. Like say it's a fake iphone, don't call it anything that starts with i or even has the word phone in it. Like I would not call it the iTalk, or the ePhone or something like that. I think it's technically legal but trademark lawyers love this stuff and will pounce on it. You're still hinting at the trademark and they do have some grounds to go on, making for a very expensive lawsuit for you.

 

[luv2liv]

easy. dont tell people it's fake, is the solution ebay sellers are doing.

i bought a Mobius action camera to be used as a dashcam. item description didnt say it was fake. it doesnt look like a fake. the price was same as the genuine too. until i plugged it into my PC and the genuine Mobius software doesnt recognizes the cam, thats how i knew it was fake. $80 down the drain. usps would not let me ship the item back.

 

[sdifox]

easy. dont tell people it's fake, is the solution ebay sellers are doing.

i bought a Mobius action camera to be used as a dashcam. item description didnt say it was fake. it doesnt look like a fake. the price was same as the genuine too. until i plugged it into my PC and the genuine Mobius software doesnt recognizes the cam, thats how i knew it was fake. $80 down the drain. usps would not let me ship the item back.

did you talk to ebay? as in request refund

 

[slayer202]

can't do that but I've seen lots of fakes from sellers with long histories so I don't think ebay does much, for the most part. What i'd suggest is to list it at a price where people won't mistake it for legit.