Why does ebay allow selling fake products?

Tropigal3

Tropigal3

Member
Jan 2, 2012
1,454
785
#1
Okay, so I know that there are fake handbags and wallets, etc. I've always assumed if a seller acquires a certain amount of SNAD's they are kicked off ebay.

I recently purchased eyeshadow palettes from ebay. One was authentic so I decided to purchase another one from another seller just to discover it was a fake. I filed SNAD and seller refunded my money, I did not have to return palette. I've noticed that he now has a bunch of negatives pertaining to fakes. Meanwhile, he is still allowed to sell! Why?

http://feedback.ebay.com/ws/eBayISA...ch=negative&interval=30&_trkparms=negative_30

Edited to add: I just checked and it looks like he may not be selling. Am I right?
 
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#2
eBay makes its money by charging fees to sellers. All sales, no matter the quality or authenticity, yield revenues to Ebay. It's math.
 
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#3
does his listing say it's an authentic xx brand? if it doesn't specifically say authentic then he isn't really selling a fake and can continue on. for instance, you can sell a fake chanel or lv or whatever so long as you don't use the word chanel/lv in your listing or show the designer name in any way. those listings generally won't get pulled as long as the brand names aren't used, and as long as sellers do not respond to inquiries.
 
#4
ccbaggirl89 said:
does his listing say it's an authentic xx brand? if it doesn't specifically say authentic then he isn't really selling a fake and can continue on. for instance, you can sell a fake chanel or lv or whatever so long as you don't use the word chanel/lv in your listing or show the designer name in any way. those listings generally won't get pulled as long as the brand names aren't used, and as long as sellers do not respond to inquiries.
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This isn't true. If there is a brand name or logo on the item, it is protected by copyright and illegal to sell. You can't sell a counterfeit item at all, no matter what. Not mentioning the brand name doesn't make it legal.
 
#6
whateve said:
This isn't true. If there is a brand name or logo on the item, it is protected by copyright and illegal to sell. You can't sell a counterfeit item at all, no matter what. Not mentioning the brand name doesn't make it legal.
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yes, you can. as long as you don't show the logo you can sell it on ebay. they can cover the logo, block it out, etc. it's perfectly acceptable to do that. block the logo in the picture by covering it up/blurring it and don't mention the brand, and you're fine to list w/out it being taken down. it might not be legal to sell it, but it's legal to list it and it won't get pulled.
 
#7
ccbaggirl89 said:
yes, you can. as long as you don't show the logo you can sell it on ebay. they can cover the logo, block it out, etc. it's perfectly acceptable to do that. block the logo in the picture by covering it up/blurring it and don't mention the brand, and you're fine to list w/out it being taken down. it might not be legal to sell it, but it's legal to list it and it won't get pulled.
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http://pages.ebay.com/help/policies/authenticity-disclaimers.html

I have reported listings that have tried to get around the radar by not including the brand name, and they have been removed. Possibly by covering up the logo it might be difficult to get an item removed. I wonder what would happen if the buyer opened a claim after discovering it was a counterfeit.
 
#8
whateve said:
http://pages.ebay.com/help/policies/authenticity-disclaimers.html

I have reported listings that have tried to get around the radar by not including the brand name, and they have been removed. Possibly by covering up the logo it might be difficult to get an item removed. I wonder what would happen if the buyer opened a claim after discovering it was a counterfeit.
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hmmm... i dunno. i am under the impression that buyers who buy those types of bags know they are buying a replica. if it just says, for instance, "designer like handbag" and it looks LV and looks Chanel and they just block the logo out... common sense should tell a buyer it's going to be fake. but they are perfectly acceptable to list and hard to find because they are generically named, in most cases.
 
#9
ccbaggirl89 said:
yes, you can. as long as you don't show the logo you can sell it on ebay. they can cover the logo, block it out, etc. it's perfectly acceptable to do that. block the logo in the picture by covering it up/blurring it and don't mention the brand, and you're fine to list w/out it being taken down. it might not be legal to sell it, but it's legal to list it and it won't get pulled.
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ccbaggirl89 said:
hmmm... i dunno. i am under the impression that buyers who buy those types of bags know they are buying a replica. if it just says, for instance, "designer like handbag" and it looks LV and looks Chanel and they just block the logo out... common sense should tell a buyer it's going to be fake. but they are perfectly acceptable to list and hard to find because they are generically named, in most cases.
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The sale of fakes is illegal PERIOD. It doesn't matter whether they misspell the brand name, don't show the brand logo markings, claim not to know whether the item is authentic or not or even if they admit in CAPITAL letters that "this is not an authentic item." It doesn't matter how sneaky and underhanded the seller is; he's breaking the law and can be liable for big bucks fines if convicted.

It's illegal to sell. (It's even illegal to sell fakes at a yard sale or on Craigslist.)

And whether the buyer knows they're getting a fake or not is irrelevant.

ETA: I don't know where you're getting your information but wherever it is, it's not a reliable source!
 
#10
BeenBurned said:
The sale of fakes is illegal PERIOD. It doesn't matter whether they misspell the brand name, don't show the brand logo markings, claim not to know whether the item is authentic or not or even if they admit in CAPITAL letters that "this is not an authentic item." It doesn't matter how sneaky and underhanded the seller is; he's breaking the law and can be liable for big bucks fines if convicted.

It's illegal to sell. (It's even illegal to sell fakes at a yard sale or on Craigslist.)

And whether the buyer knows they're getting a fake or not is irrelevant.

ETA: I don't know where you're getting your information but wherever it is, it's not a reliable source!
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no one is saying it's not illegal, of course it is. but they can list them, and not have them removed unless they are found, reported, and removed. most people don't have time to waste on ebay or at local flea swaps finding such stuff, lol
 
#11
ccbaggirl89 said:
no one is saying it's not illegal, of course it is. but they can list them, and not have them removed unless they are found, reported, and removed. most people don't have time to waste on ebay or at local flea swaps finding such stuff, lol
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It's like speeding, drinking and driving, cheating on your spouse/partner, etc.....Doing wrong doesn't make it okay if you dont' get caught and certainly not everyone gets caught. But that doesn't mean doing it is allowed as you seemed to say above.
 
#12
BeenBurned said:
It's like speeding, drinking and driving, cheating on your spouse/partner, etc.....Doing wrong doesn't make it okay if you dont' get caught and certainly not everyone gets caught. But that doesn't mean doing it is allowed as you seemed to say above.
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you should get off ebay for a bit and travel over to amazon. clear as day in their accessory and makeup categories are knock-offs and fakes with designer names in the tiles and pictures with blurry logos - clearly amazon is knowingly selling fake items through its marketplace, but they don't take them down. but this whole thing is tiresome anyway.. my life isn't ebay and it's fraud buyers and sellers
 
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