Legality of selling counterfeit watches in Canada? Ebay's policy?

[joe323i]

I was sold a fake Tissot watch by a Canadian Ebay seller.  Another of his customers has since discovered their watch is fake, and left negative feedback.  The seller also change his userid.  It's obvious this guy knows he's selling counterfeits.

My question is, legally, what can be done about this?  What are the laws in Canada regarding selling couterfeit products?  What is Ebay's policy regarding this?  I'm not looking for anything out of this, as I have received a full refund, and have purchased a genuine watch elsewhere, which I am very happy with.  I'm just looking to burn this scammer as hard as possible, if possible.

[pjcdn2005]

It is illegal to sell counterfeit products. Legally..I'm not sure who you would report it to.

Ebay does have a policy not allowing counterfeit products but they have no way of knowing for sure if an item is counterfeit so they depend on whoever makes that product to report the seller and to take legal action if they choose to. Your best bet would be to report the seller to Tissot.

Why didn't you leave the seller a negative feedback?

[joe323i]

I didn't realize the watch was a fake until after I left feedback.  The watch looked very good initially, until it started running very slow and I took it to an authorized dealer who confirmed it was fake.

Just sent an email to Tissot.

Thanks.

[pierrelebel]

Did you not cover the same subject for the same transaction and the same watch a few weeks ago?

http://community.ebay.ca/t5/Buyer-Central/Possible-to-change-feedback/m-p/256289#M18868

[joe323i]

I previously inquired about changing feedback for the transaction.  That question was asked and answered.  This is a completely different question.

[dipmicro]

 You already reported counterfeit to trademark holder, but that only prevents their losses and will not help you with your own loss. 

Easiest will be to ask seller for refund and if there is no satisfactory response, escalate to police fraud report, provincial consumer protection last instance small claim.

[reallynicestamps]

The 'criminal' part of the problem is now in Tissot's hands.

The 'civil' or commercial part is in your hands and eBay/Paypal will help you. For 45 days after purchase.

You can start an "Item Not As Described" dispute. You will be required to return the watch with Confirmation of Delivery (and probably Signature) before PP will refund you and go after the seller for their money.

You can add a Response to your own or the seller's feedback indefinitely. The most effective feedback is calm and factual. "Counterfeit watch. Refunded. Reported to Tissot." perhaps.

Add the Response after you have your refund.

If more than 45 days have passed, go to the 1800 customer service number on the back of the credit card you actually paid with. Ask about a chargeback. Again you may be told to return the item. Have all your paperwork, dates, transaction numbers, payments, etc. handy for the customer service clerk to process your refund.

I suppose you could report the counterfeits being sold to the RCMP.

[pierrelebel]

From a thread started by the original poster a few weeks ago: "and my payment was refunded"