Selling Replicas

[arsanche-9]

My question is is ok to sell a replica of a product and mention that it's indeed a replica. I've seen a lot of fake stuff on eBay, I even bought a Casio watch that was claimed to be real but it's actually fake but eBay has done nothing to stop this and therefore it's ok to sell but mention its fake.

[phono_0490xxxxxx]

Ahhhhh.... yeahh... right then....

Nice policy.. all warm and fuzzy like.

I feel sooooo much safer and trusting, NOT.

But why isn't it ENFORCED?

  ?  Things that make you go Hmmmmm...  ?

Then the matter of 'fate'...... what of the item determined to be 'fake', 'phony', 'counterfeit', and lets not get pedantic here.... the item used to defraud buyers?

The inconvenient truth.

The obvious question - Return to the fraudster to sell it again?

I think not.

[phono_0490xxxxxx]

Here is an example of not a 'replica'... a 'Facsimile', as termed in the art field.

I buy these because they are indeed a licenced limited edition [embossed stamped] etching.

Fully disclosed and COA issued by the publisher.

This listing is 100% A-OK.  201889532719

I've 262/550 of 'Venus in Arcady' on my lounge room wall... along with others.

More > https://www.ebay.com.au/sch/i.html?_from=R40&_sacat=0&_nkw=norman+lindsay+facsimile+etching&LH_PrefL...

[futuretomorrow]

When last have you been to NYC or do you live in NYC?

1. This is not how this happens now for the most part and hasn't for years. Many of these individuals rented storage spaces and lead the customers there and they're pretty good at telling who's undercover and who's not.

2. I guess you never saw one of these stands raided with the sellers in handcuffs and their goods being loaded up? 

3. Because we see sellers with counterfeit goods doesn't mean it's not being monitored for a bigger sting or 5 minutes after we saw this event police didn't roll up and arrest everyone. 

[futuretomorrow]

If eBay has driven away over 50% of their sellers who would never sell fakes but wanted to crack down on what their marketplace has become and the Chinese sellers and others that do you do realize eBay would have very little products to buy right? 

[futuretomorrow]

I suspect it's at the point that eBay is beginning to have a DHG and Ali problem. If they removed the fakes on eBay, their catalog would dramatically shrink to the point of being eBay's death nail. Yes. Fakes are that widespread on eBay.

I stopped buying cards and coins here after finding fakes in my collection of both. Problem is I didn't pay "fake" prices for items that had to be destroyed instead of appreciating over time.

[grayirongolf]

No, your not allowed to sell replica's.  Then again, eBay has way to many scammers to sell anything of REAL value.   You roll the dice no matter what you do.

[hillbillymedia]

---

@myangelandmyprincess wrote:

---

@the*dog*ate*my*tablecloth wrote:

Official replicas would be things like the Franklin Mint makes. They look like the item but clearly are cheaper copies. They are authorized by the manufacturer. 

However a counterfeit watch or designer purse is not allowed even if you say in the listing that it's a fake.

---

This replicas are made to have the same look or design as a certain brand item without using the brand name or anything the brand owns as part of their trademarks.   They are completely legal and not the same as courterfeit which is not allowed to be sold anywhere 

---

Isn`t the term for what you are describing called a "knock-off"? Knock-offs have the same look and feel as the name brand they immitate but manufactured by someone else and carry their OWN label. Anyway, I believe that to be the term used. The problem is that just because it`s legal doesn`t mean ebay necessarily allows it`s sale on the site.

[futuretomorrow]

I'm calling them at 9am when they open because I don't believe what the person postured about the Franklin Mint dolls is accurate. 

I think they're confusing the term replica as it applies to size, outfit etc on a doll or "replica" train set but a search shows zero supporting evidence that Franklin Mint Makes has approved anyone else to make their dolls.

A "knock-off" is a fake. A judge would laugh at any person in court for trying to explain that a knock-off isn't a fake. Other terms for "fakes" are:

1. counterfeits

2. replicas

3. knockoffs

4. fugazi

5. bootleg

6. "not like the real thing but good enough copy" - they will never say of the other words above. This is how many Chinese vendors speak when dealing with them and counterfeit goods directly but the items are fake. 

[hillbillymedia]

---

@futuretomorrow wrote:

I'm calling them at 9am when they open because I don't believe what the person postured about the Franklin Mint dolls is accurate. 

I think they're confusing the term replica as it applies to size, outfit etc on a doll or "replica" train set but a search shows zero supporting evidence that Franklin Mint Makes has approved anyone else to make their dolls.

A "knock-off" is a fake. A judge would laugh at any person in court for trying to explain that a knock-off isn't a fake. Other terms for "fakes" are:

1. counterfeits

2. replicas

3. knockoffs

4. fugazi

5. bootleg

6. "not like the real thing but good enough copy" - they will never say of the other words above. This is how many Chinese vendors speak when dealing with them and counterfeit goods directly but the items are fake. 

---

I assure you I`m asking just out of pure interest for the topic and trying to understand. Example: Ford Mo. Company sold cars with their brand spark plug "autolite". GM sold cars with their brand spark plug "AC". Each manufacturer makes and sells their own brand to fit in place of the other brand. The interchange looks,feels,functions and is rated the same as the original yet the brand is an "AC" replacment for the original "autolite". It`s perfectly legal.

Another example: lets say a bic lighter. I want to manufacture lighters. I make one that looks very similar and works very similar to the "bic" brand lighter yet the brand is hillbillymedia and says "hillbillymedia" on it. Are you saying I can`t legally do that?

[the*dog*ate*my*tablecloth]

I'm not talking about dolls and I'm not talking about knock-offs. I'm talking about things like limited edition replica footballs that I've seen over the years. They look like the original but are clearly marked as a replica.

I don't know very much about the items because I don't buy replicas but I've certainly seen them advertised in magazines and other places.

[myangelandmyprincess]

---

@cooltronix wrote:

---

@myangelandmyprincess wrote:

---

---

This replicas are made to have the same look or design as a certain brand item without using the brand name or anything the brand owns as part of their trademarks.   They are completely legal and not the same as courterfeit which is not allowed to be sold anywhere 

---

This would be a totally different item then. Keep in mind that it's not just the brand name or logo that matters, all sort of design elements may have copyright issues. 

Best example, if you sell any black and yellow electric hand tools you can be pretty sure to hear from Dewalt.

And the initioal asker said something like: eBay didn't help

They probably didn't, but the law is on your side and you can take legal action. 

---

Thus I said anything the brand owns as part of their trademark. M

[phono_0490xxxxxx]

---

@futuretomorrow wrote:

If eBay has had not driven away over 50% of their sellers who would never sell fakes, but [eBay instead] wanted to cracked down on;

a) what their marketplace has become, and

b) the Chinese sellers, and

c) others that do,

  ....   you do realize eBay would have very little products to buy - right? 

---

No offence intended...   I think I know what your trying to say here @futuretomorrow , and I'm not trying to twist your words there [by adding the red edits to make sense of it].

Does that say what you intended?

If so, I do realise there may be less, BUT sometimes less is more.

More, confidence, integrity, and goodwill all round.... and probably more $$$ exchanged through respectable trading practices. 

Is this something that really needs to be reckoned on a balance sheet of Corporate profit that seems to be the primary motivation of Corporations?

That coin and note policy has changed over time, but not without the Corporation being dragged kicking and screaming. 

The rhetoric of the policy is all well and good, eBay reps maintain the  Corp. is serious about it.

BUT, today we do find there is blatant violations of those basic and specific policy /rules, and yet no action on that example I posted earlier... have a read of the item description. 

I'm sure you can, but why can't those who respond to reports read and act?

The other side to that raw reckoning is [ethical] seller loss and buyer loss [confidence and financial], something not reckoned into the Corporate figures.

Yes, there is heaps of 'widows remorse' too... too much.

[myangelandmyprincess]

---

@hillbillymedia wrote:

---

@myangelandmyprincess wrote:

---

@the*dog*ate*my*tablecloth wrote:

Official replicas would be things like the Franklin Mint makes. They look like the item but clearly are cheaper copies. They are authorized by the manufacturer. 

However a counterfeit watch or designer purse is not allowed even if you say in the listing that it's a fake.

---

This replicas are made to have the same look or design as a certain brand item without using the brand name or anything the brand owns as part of their trademarks.   They are completely legal and not the same as courterfeit which is not allowed to be sold anywhere 

---

Isn`t the term for what you are describing called a "knock-off"? Knock-offs have the same look and feel as the name brand they immitate but manufactured by someone else and carry their OWN label. Anyway, I believe that to be the term used. The problem is that just because it`s legal doesn`t mean ebay necessarily allows it`s sale on the site.

---

Knock off is associated with a counterfeit item.  It's really hard to find any word to describe these type items anymore because it always gets jumped to meaning counterfeit.  

[myangelandmyprincess]

Group that I'm in that has clothes they sell calls them designer inspired but scammers like to use those words to sell outright fakes too so just not really a good word there either I guess.  

[phono_0490xxxxxx]

---

@futuretomorrow@futuretomorrow

I'm calling them at 9am when they open because I don't believe what the person postured about the Franklin Mint dolls is accurate. 

 ...

A "knock-off" is a fake.

A judge would laugh at any person in court for trying to explain that a knock-off isn't a fake. Other terms for "fakes" are:

1. counterfeits

2. replicas

3. knockoffs

4. fugazi

5. bootleg

6. "not like the real thing but good enough copy"

- they will never say of the other words above.

This is how many Chinese vendors speak when dealing with them and counterfeit goods directly but the items are fake.

---

7. 'tribute'

8. 'pattern'

... there are more ...

I suggest that a 'Judge' would determine based on definitions of the words used [pedantic as it may be] and then reason the 'intent' [intent to defraud] of both marketing and the specific item... and further, facilitation of the offence. [use of the term 'venue' should be revisited in the legal precidents]

eg. Is this item and the sales technique calculated to deceive?

You can 'call' to question eBay determinations?

The report function doesn't allow for a written outline to be submitted... that would pin point exactly how the item is in violation of policy.   That makes me wonder if the report goes to AI bot that doesn't really take an objective view, instead just looks for key words to trigger de-listing.