Received a counterfeit item on Ebay. Am I required to report this and does Ebay have to cancel similar orders? What to do next?

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?

San Jose, CA -

Attorney Answers (3)

Pamela Koslyn

Pamela Koslyn

Business Attorney - Los Angeles, CA
Answered

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.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
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Robin Mashal

Robin Mashal

Business Attorney - Los Angeles, CA
Answered

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The attorneys on Avvo are not equipped to answer your questions. I suggest you read eBay's terms of use, and contact your credit card company concerning their buyer protection policies.

Bruce E. Burdick

Bruce E. Burdick

Intellectual Property Law Attorney - Alton, IL
Answered

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.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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