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.

[the*dog*ate*my*tablecloth]

You're allowed to sell official replicas but not counterfeit items. That is against Ebay rules and the law. 

You cannot say they're counterfeit in the listing. If you say you don't know if they're real or not, that is also a selling violation. Just don't sell anything unless you can prove it's real.

[citrine146]

That's interesting.
What are official replicas? Who supplies/ manufactures them? What is shown on the tags or mentioned as brand name?

[southern*sweet*tea]

https://www.ebay.com/help/policies/prohibited-restricted-items/fake-items-policy?id=4276

"We don't allow replicas, counterfeit items, or unauthorized copies to be listed on eBay. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark."

Not allowed

• Backup or archival copies of software
• Bootleg recordings from concerts or other live shows (see our bootleg recordings policy for more info)
• Counterfeits, fakes, or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn't made by Chanel)
• Counterfeit electronics (like cell phones) or software
• Counterfeit replacement parts or consumables that weren't made by the manufacturer that the items are labeled with
• Digital copy only discs or codes (originally sold as part of a Blu-ray or DVD combo package)
• Fake autographs
• Media (such as CDs, DVDs, flash drives or any other recordable media) containing scanned pages from a book, magazine, manual, or other copyrighted materials that you didn't create
• Unauthorized or pirated copies of things like:
  • Movies or videos
  • Audio books and ebooks
  • Music CDs, MP3s, MP4s
  • Photos
  • Software
  • TV programs (including CDs or DVDs containing shows that were taped from television)
  • Video games

[the*dog*ate*my*tablecloth]

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.

[luckythewinner]

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@arsanche-9 wrote:

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.

---

It is not only against policy to sell fakes, it is also against the law. 

The fact that some people get away with speeding does not mean that speeding is legal. 

[ted_200]

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@arsanche-9 wrote:

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.

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It depends. 

If it's a branded item, like you've cited as an example here, no. 

[myangelandmyprincess]

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@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.

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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 

[futuretomorrow]

This is my arena. *cracks knuckles*

1. What you're asking is interesting on several levels. Did you know that eBay allows the sale of fake shoes through their sponsored links? They know it happens because I told them and they removed them 2yrs ago. Guess what's back?

2. For a brand that states they have a counterfeit department, I'm shocked at the number of fakes I can easily find on eBay, FROM THE THUMBNAIL ONLY...I've done this for over 5yrs.

3. I would have never bought a Casio on eBay, for anyone else reading this, along with a host of other items. 

Selling fakes on eBay -

It's against eBay policy, PayPal policy and the policy of every country on the planet to sell counterfeit goods. China is the only place that is proud of Shanzai but you need to understand Chinese culture, their history and Maslow's Hierarchy of Human Needs, which is not race specific and applies to every human being on the planet. 

What I've seen happen to some people that sell fakes -

1. They went to jail.

2. They became wealthy and got out before getting caught but greed and self-control seldom works this way.

3. They had to stop because some customers who knew the items were fake were opening disputes with PayPal so that they could get their money back and keep the item, because it was fake. There's another plot twist to this but I don't want to give anyone any ideas and see them end up in jail.

But this is why Chinese sites that sell counterfeit goods don't accept PayPal. 

4. I know a few Instagram accounts that have had their PayPal accounts permanently closed. Guess what they were doing?

5. If you plan to do this at scale, your mail carrier will know what you're up to. That can complicate things but wasn't the reason others had issues. Least of your concerns.

"but that guy in the post said..." won't work with a judge and prosecutor. Take nothing I've said as legal advice please. I'm not a lawyer nor did my lawyer write or approve my "opinion".  

Because you see other people getting away with something illegal doesn't mean it's okay. Some of these people are being monitored under sting operations so their sources can be caught and others are part of other scenarios they're unaware of but at least 28% of them are eventually going to jail. 

[emerald40]

I have a qyestion for you -

If replicas are illegal, how are they being sold on the streets of New York for decades.

The sellers never claim them to be real, only that they are replicas.

[femmefan1946]

Same as speeding.

It's only illegal if there is a cop around.

Crackdown on Canal Street? The cops grab all the fake goods they can as evidence. They arrest the sellers.

The sellers make bail (or are deported). Don't show up for trial.

The goods are destroyed.

New sellers appear, often with the same suppliers.

Sometimes a problem can not be ended only controlled.

[castlemagicmemories]

I have heard of listings being removed for using the word, Replica.

Do that often enough and you will lose your selling privileges.

It doesn't take too many times.

[cooltronix]

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@myangelandmyprincess wrote:

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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 

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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. 

[fashunu4eeuh]

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@emerald40 wrote:

I have a qyestion for you -

If replicas are illegal, how are they being sold on the streets of New York for decades.

The sellers never claim them to be real, only that they are replicas.

Twenty-five years ago you could buy any knock-off designer bag on Canal Street in dozens of places. Today all those shops are now high end boutiques. You won’t find the fake goods on every street corner.

On a few rare occasions i’ve been approached by cautious hawkers carrying laminated pages of pictures of designer goods, so the stuff is still making its way to the street, but not like its heyday. It’s underground commerce now.

Every once in a blue moon i see the guys with the blankets who lay the fake goods on them and at first sign of police they whisk them away and disappear. 

[phono_0490xxxxxx]

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@southern*sweet*tea wrote:

https://www.ebay.com/help/policies/prohibited-restricted-items/fake-items-policy?id=4276

"We don't allow replicas, counterfeit items, or unauthorized copies to be listed on eBay. Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark."

Not allowed

• Backup or archival copies of software
• Bootleg recordings from concerts or other live shows (see our bootleg recordings policy for more info)
• Counterfeits, fakes, or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn't made by Chanel)
• Counterfeit electronics (like cell phones) or software
• Counterfeit replacement parts or consumables that weren't made by the manufacturer that the items are labeled with
• Digital copy only discs or codes (originally sold as part of a Blu-ray or DVD combo package)
• Fake autographs
• Media (such as CDs, DVDs, flash drives or any other recordable media) containing scanned pages from a book, magazine, manual, or other copyrighted materials that you didn't create
• Unauthorized or pirated copies of things like:
  • Movies or videos
  • Audio books and ebooks
  • Music CDs, MP3s, MP4s
  • Photos
  • Software
  • TV programs (including CDs or DVDs containing shows that were taped from television)
  • Video games

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The full policy is worth a read through... and the difficult to find ones that require a 'Search eBay Help'

But from that policy link above...

What should I do if I see a listing with a counterfeit item?

Please report listings that offer counterfeit items or replicas.

We have lots more detail on the types of products that are considered unauthorized in our guidelines below, but please be aware this isn't exhaustive list.

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^ So, just do it.

Further to that, there are specific catorgory prohobitions on the sales of such 'replica'...

Stamps, currency, and coins policy

https://www.ebay.com/help/policies/prohibited-restricted-items/stamps-currency-coins-policy?id=4337&...

Can I list counterfeit money on eBay?

No. Counterfeit currency, stamps, and the equipment designed to make them, can't be listed on eBay.

Can I sell replica coins?

No. Replica coins and replica, plated or clad bullion are not permitted.

Not allowed

• Replica coins
• Replica, plated or clad bullion
• Counterfeit coins
• Counterfeit bank notes
• Counterfeit bonds
• Counterfeit money orders
• Counterfeit securities
• Equipment used to make counterfeit items
• Reproduction or replica versions of any Canadian currency
• Altered paper currency intended to deceive a collector
• The sale of currency currently in circulation that may require registration with or license from a regulatory body
• Listings for raw single coins within the Coins & Paper Money > Coins: US category with a starting price, reserve price, or Buy It Now price of $2,500 or more
• Listings for raw single paper currency within the Coins & Paper Money > Paper Money: US and Coins & Paper Money > Paper Money: World with a starting price, reserve price or Buy It Now price of $2,500 or more

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?

So why is that still listed?

The seller starts talking about it as genuine... and then later tells it's not.