Legal Question in Criminal Law in California

I purchased an item from a seller on Etsy.com. It ended up being counterfeit so I opened a case against them and I was awarded a refund. However, in order to receive the refund, Etsy is requiring me to send back the item to the seller and provide proof of shipment. But since the item is counterfeit, wouldn't shipping it across state lines be a federal crime? Shouldn't I bring it to my local authorities and file a report against the seller instead?

The case is still open and I would like to respond to them with a legal response as to why I cannot ship the item because I would be committing a federal crime. It is my understanding that the sale or shipping of counterfeit goods whether knowingly or unknowingly is illegal.


Asked on 4/05/13, 11:20 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm not an expert on such things, but I believe shipping counterfeit goods is only illegal when the shipper is trying to pass them off as genuine and/or to profit from the shipment. Returning counterfeit merchandise for a refund presents neither of these problems.

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Answered on 4/06/13, 1:08 pm


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