Home > Research Legal Advice > Business > Received a counterfeit item on Ebay. Am I required to report this and do...
Asked 4 months ago - San Jose, CA
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The listing picture displayed an item bearing a name brand logo, which either was a replica or an actual picture of a genuine product that I did not receive. When I specifically asked the seller about the item even he/she was very evasive but implied it wasn't the real thing and did not answer my questions.
I would like to know if I am required to report this to anyone and if, become aware of the counterfeit item, Ebay is required to investigate and cancel similar orders (similar apparel items or duplicate items in different sizes).
Also, will my credit card company take care of a chargeback w/shipping fees without any problems should ebay nor paypal not honor their buyer protection policies? Can I just get a chargeback without having to return the item and work with customer service?
eBay and PayPal have an internal dispute procedure that you can use to report this and get your money back if the seller advertised a genuine item and sold you one that was counterfeit.
Yes, your credit card company should refund the money you spent if eBay doesn't.
That's if you asked about the genuineness AFTER you bought it and got an evasive implication that it wasn't genuine. If you asked BEFORE you bought it, then you knew the seller wasn't claiming it was genuine.
Don't worry about eBay's obligations to do anything about any other "similar" orders.
NO, you are not required to report it unless you want your money back. Let eBay take care of eBay. You should not get embroiled in copyright/counterfeit/trademark disputes.
Do not resell your counterfeit items, as that would be willful infringement and there are serious legal and criminal penalties.
We are not your credit card company, and we don't make the rules for them. Talk to them about chargebacks. Most have challenge procedures. They will let you know if you can confiscate the counterfeit and still get a refund. The terms of any purchase agreement with the vendor will have a bearing.
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