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

San Jose, CA |

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?

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Attorney answers 3

Posted

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

Posted

Don't embarrass yourself with such an answer. Speak for yourself, not "The attorneys on Avvo". If you don't know you can certainly make a self-effacing comment to that effect, but there are several hundred thousand attorneys on Avvo. It is presumptuous and wrong of you to say you know what all of them know or don't know. You do not know what the other attorneys are or are not equipped to answer. There might very well be one or more [not me] who has litigated such issues or even one who is a former eBay attorney or an outside counsel who wrote eBay's TOU. I would let that comment slide as obvious overstatement except that this is at least the fifth time I have seen you have posted that presumpuous statement.

Posted

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 any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Asker

Posted

but ebays terms state that sellers aren't allowed to sell counterfeit products at all, so isn't how they advertised the product insignificant?

Bruce E. Burdick

Bruce E. Burdick

Posted

The point is you are not the copyright police, you worry about yourself and let eBay worry about eBay. Doing more [what, out of foolish pride or revenge?] is foolish. If you are in a septic tank stirring things up will get you in a mess in a hurry.

Posted

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 at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Asker

Posted

The infringed company already found out but am I allowed to contact them to give them details/evidence?

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