Is It Legal To Sell Imitation Cologne On eBay?

OK, before the chairs start flying, I would not and am not attempting to sell counterfeit cologne. As in, buy it from a website in china, that looks identical to the real thing and try and pass it off as the actual cologne. I would never do that. BUT, my question is, is it legal regarding U.S. laws, as well as eBay regulations to sell IMITATION cologne. As in, a cologne that isn't at all trying to look like the real thing, just a "smells like" sort of thing. I can't see how that would be illegal, considering it not being a counterfeit product, and I would state clearly what it is in the ad, but, I just have to ask. Thanks.

2 Answers

  • Yeti
    Lv 7
    5 years ago
    Best Answer

    You can get on eBay and see what their current guides say.

    As long as the replica itself is legal (as in, something you might buy in WalMart), it should be legal to sell on eBay if properly described.

    However, you are likely to run into problems with people getting confused. And not all replicas may be legal. Additionally, some countries (like France) have at times permitted perfumes to be copyrighted, so you could step into issues without being fully aware before you do so.

    Do also be aware that you can't ship such things via the postal service -- you're going to have to use things like UPS ground. Given most "imitation" fragrances can already be found pretty cheaply at discount stores, you'll likely have a hard time finding it worthwhile to sell such things on eBay.

  • 5 years ago

    If an imitation product is being presented as the product of a genuine manufacturer, then it is illegal. If it is being presented as an imitation that is not illegal. Cologne is not associated with any particular company, and many perfume manufactures have a range of colognes. So cologne, as such is not a proprietary product, and can be sold legally by anyone who wishes to sell bottles of perfumed water.

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