Counterfeit Products.What can we do?

[malishadesilva2010]

Hi,

I just bought a guitar and the ukulele from a seller.The seller was based in NSW Australia.

Both are fakes.(The Guitar was ESP LTD and the ukulele was Ibanez)

The seller has a 30 day money back guarantee. I really can't be bothered to repack and re post them again.So I decided to keep them.Also my issue is not about money.

Its about the principle of the thing.

Also if I send them back he will dupe someone else.

But I was just wondering in a world where everything is faked is there any way to overcome this.

One of the securities we had was to buy from Australian sellers. Well that was what I was thinking up to now. 

This seller's advert has been directly cut and paste sections from the original sites. Sellers like this will give a bad name to Australian sellers.Not only that what about the honest and straightforward seller who are genuinely trying to do a good business?

This is a losing battle in our world. Only thing that matters is Money, Money and more Money.Isn't there anything that we can do?They get away with it so easily.

It makes me sad,very sad.He is still there selling stuff.When I read the reviews on his  bay site most of his clients seems to be very happy with there purchases.

I heard that this was common in sites like Alibaba & Ali express where they openly advertise and sell counterfeits of known brands.But now its here in Australia.

Is it only me that's sad about these things?Is there anyone else out there? 

Thanks

[davewil1964]

My attitude is in accordance with reality. And law - cars are about the only thing you'll get a 2+ year warranty on. if bought in Australia, where the sale is subject to Australian law.

Enjoy your holiday.

[4channel]

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@c_mount wrote:
Ebay simply don't give a $hit. It's income for them.
Loads of FAKE NRL jerseys all over the place on here!! Nothing gets done.

Down with Fakebay.

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There's got to be some way to stop fake items c_mount. Yeah, the NRL jerseys are uncool. Buying fake Nike shoes wouldn't worry me but the jerseys definitely would. Thanks for the reminder.

[c_mount]

I'm disgusted with all the fake NRL jerseys on here going for $30+ brand new and feebay do all about it!

[2diamond6]

I've taken it up now with the manufactuer of a well known motocross brand of apparel being sold on eBay.

I've recently written a lengthly email to the manfucaterer indicating when I contacted the eBay about the fakes & responses received from the sellers. Hopefully the manufacterer can step-in as in this case 100's of these already sold!

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@4channel wrote:

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@c_mount wrote:
Ebay simply don't give a $hit. It's income for them.
Loads of FAKE NRL jerseys all over the place on here!! Nothing gets done.

Down with Fakebay.

---

There's got to be some way to stop fake items c_mount. Yeah, the NRL jerseys are uncool. Buying fake Nike shoes wouldn't worry me but the jerseys definitely would. Thanks for the reminder.

[letscleanupmycupboards]

Where does one draw the line between fakes, replicas and reproductions? Is it to do with how they are represented ie I sell a fake handbag as genuine then it's classed as a fake? Plenty of reproduction parts for vehicles or copies of coins sold as album fillers, reproductions of war medals or uniforms for re-enactment. No law prohibiting the sale, and therefore postage, of such items on eBay or anywhere else.

So I can sell a reproduction WW2 Australian military uniform (for example) perfectly legally but if I advertised as genuine and it sold does it suddenly become a fake or counterfeit and becomes illegal to post? It's the same item. What if, as a seller, I was given incorrect information and believed it to be genuine, even after maybe being duped by someone else, and subsequently sell on eBay only to be told it's fake and I lose the money but can't get my item back? Especially if I wanted to return it (via rectum) to the person from whom I got it. I'd be seriously miffed. Surely can't be as black and white as that. Or is that why eBay is fading into obscurity?

[k1ooo-slr-sales]

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@letscleanupmycupboards wrote:
Where does one draw the line between fakes, replicas and reproductions? 

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I think it has to do with ‘rights holders’.  To determine if you can sell a copy/replica/fake/reproduction you need to ask yourself am I infringing on the rights holders rights if I sell this on eBay?

As for reproduction WWII uniforms, I think that so long as you are honest and upfront about them being reproduction you should be okay . . . . . . . but we are talking about eBay . . . . . . so who knows how they would rule if a listing is reported.

I don’t think it matters if you onsell an item you bought from another seller who said it was genuine.  It gets messy trying to get your money back if you have onsold it and had a claim for fake item from your buyer.

I think the best advice for oft faked items is if you can’t prove an item is a real brand item you should not sell it on eBay.

[digital*ghost]

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@letscleanupmycupboards wrote:
Where does one draw the line between fakes, replicas and reproductions?

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The words can all mean similar things, but there are nuances.

Fake - a copy that is specifically designed to mimic the original, in order to pass itself off as an original. 

Replica - designed to closely resemble the original, but will have differences visually and/or materially, and doesn't try to pass itself off as an original.

Reproduction - designed to be a copy of the original, visually and materially, but does not pass itself off as an original.

Trademarks come in  to play, or course, with many of these things, and the second you put an unlicensed trademark on something, it's fake. 

[letscleanupmycupboards]

Yes but in the case of an exact replica that may be very close to indistinguishable except by an expert, if I sell it as such I can post it and fully legal but if I sell as an original or allow people to assume its original then it's fake and supposedly can't be posted? Yet it's the same item.

[digital*ghost]

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@letscleanupmycupboards wrote:
Yes but in the case of an exact replica that may be very close to indistinguishable except by an expert, if I sell it as such I can post it and fully legal but if I sell as an original or allow people to assume its original then it's fake and supposedly can't be posted? Yet it's the same item.

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No - the item itself is legal regardless, unless it's an unlicensed replica of a patented design or contains trademarks that are unlicensed. 

The difference in the scenarios you describe isn't with the item itself, it's with the seller's actions and intentions. (Or, to put it another way, let's say I sell a bag of parsley to someone but I lead them to think it's something more illegal. Regardless of what they think it is, it's still a perfectly legal bag of parsley, but since I have duped the buyer, I've done the wrong thing, and in a case like that the item isn't fake in the strictest sense, but it is not as described). 

[k1ooo-slr-sales]

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@letscleanupmycupboards wrote:
Yes but in the case of an exact replica that may be very close to indistinguishable except by an expert, if I sell it as such I can post it and fully legal but if I sell as an original or allow people to assume its original then it's fake and supposedly can't be posted? Yet it's the same item.

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but in the case of an exact replica that may be very close to indistinguishable except by an expert, if I sell it as such I can post it and fully legal

cupboards, if you know an item is an exact replica then selling it on eBay has high risk . . . . . . even if it is very close to indistinguishable except by an expert. Additionally, if you list it as a very close replica then if there is a ‘rights holder’ then I can’t see how you would think that selling it and posting it would be legal.

”Yet it's the same item”

I think that you are being cautious and selective with your words . . . . . . . maybe to get affirmation of something . . . . . but I think the rule you should follow is:

If there is any chance an item is not authentic (i.e. even if it may be a very close and indistinguishable replica), OR, you are not the original purchaser of the item with receipt from an authorised retailer, OR, you do not have proof of authenticity then you should not be selling it on eBay or posting it through Aust Post. Doing so carries high risk, the most obvious would be an eBay MBG claim from a buyer.