eBay does not allow replica, counterfeit items, or fakes under any circumstances, even if the seller clearly states this item is a fake. Discussions of this nature are common on Facebook seller groups, the eBay community forums, and among new sellers who do not know the eBay rules. Fakes are prohibited on eBay, period.
According to the eBay Policy for replicas, counterfeit Items, and unauthorized copies:
“Items that bear a company's official brand name or logo can be listed as long as the products were lawfully made by, for, or with the consent of that company. 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.”
This issue usually comes up when a seller has purchased a handbag at a thrift store, garage sale, or flea market, not sure if the item is authentic. Newer sellers assume that as long as they state the item is a fake, it is ok. This is absolutely not the case. What many people don’t understand is that there are federal criminal laws prohibiting the sale of counterfeit goods. According, to National Association of Wholesaler- Distributors,
“Laws apply not only to the counterfeiter—the law applies with equal force to any individual or company that knowingly sells a counterfeit product. (18 U.S.C. 2320). This law, known as the Trademark Counterfeiting Act of 1984, carries substantial monetary fines (up to $5 million) and prison time (up to 20 years imprisonment or in some cases life) for individuals and companies who violate the Act.” (www.naw.org)
eBay understands this and strictly monitors listings for counterfeit or fake items. The eBay community also helps monitor fake items by reporting them. Sellers who specialize in authentic items are most vigilant about keeping the eBay marketplace free of counterfeit items.
The most commonly faked designer items are:
Apparel (most often denim jeans)
Commonly faked designer brands:
Dooney & Bourke
If you are an eBay seller purchasing used items to resell, always authenticate the item by doing extensive research before listing. Sellers who list fake items, even unknowingly, can be suspended on the first instance if eBay discovers the item. It is best to avoid listing these types of high end items on eBay – it isn’t worth the risk of losing your selling privileges. Stick with selling mainstream brands that are not faked and sold on the street.