would i get in legal trouble if i sell shirts on ebay that could POSSIBLY be counterfeit?

Question

i have some shirts that could possibly be counterfeit, but im not sure if they are..theyre lacoste shirts to be exact..if i put in the description "Lacoste Polo" but dont use the words authentic or real, could i get into any legal trouble?

Answer 1

The individual buyers may not sue you over a shirt's authenticity, but the companies that own the logo may very well come after you. Most big-name companies have agents that rigorously search sites like e-Bay searching for sellers of counterfeit items.

Answer 2

Legally speaking:
You would be misrepresenting when entering into the contract= illegal. Therefore, in order to make the transaction legal, make a note in there that you're not 100% sure it is real. That is pretty much all you need to do to cover yourself. This way, you are not misrepresenting or concealing.

Practically speaking:
No one would sue you for $20 or however much the tshirts are worth. It's completely outrageous and way to expensive for it to be beneficial. The only negative thing that might happen is you would get negative feedback. This could effect future sales, so maybe if you sell very frequently on ebay you might want to consider this as the major downfall. Practically, no one will sue you over a few t-shirts for like $20.
Now, if you have 100 or so, the only way a lawsuit would be feasible would be if they all got together in a class action. Again, practical side, not gonna happen for tshirts and no attorney would try to gather together the buyers.

So basically, you won't get sued over tshirts. You might, however get some negative feedback. I would suggest just being honest, saying it might not be real, but its obviously up to you.

Good luck.

Answer 3

If you are truthful and put in your description that you are not sure if they are authentic then you are in the clear. People advertise all the time i.e.. watches, jewelry, etc. and state that they are not sure if they are real or fake. If it will make you feel better you can ask Ebay.