Is selling clearly labeled counterfeit products on a dropshipping store legal?

[Pokecards]

Hi All,

I would like to setup a shop dropshipping obvious counterfeit products and labelling them as such. For example Pokemon Cards, but label them as Fake Pokemon Cards throughout the site, give notices that they are not to be resold as the real thing and even go so far as to give a guide on how to spot the real from the fake and reiterate again that we only sell fake versions. 

The plan being that loads of people collect Pokemon cards these days and may want a fake set so they can actually play the game, then keep their real cards in mint condition. 

Would this be illegal? Would this be against Shopifys terms? I'm wondering because these products are available to dropship which would suggest its ok to do so. 

Many thanks for your time.

[dropship_helps]

Hi @Pokecards 

It's always risky when selling fake/replica products online. 

[Maz · Accepted solution]

Hey @Pokecards,

Welcome to the community! I am pleased to hear that you are considering joining Shopify to start up a drop-shipping venture.

Your question is a great one. I understand that you would like to know more about selling counterfeit products and labelling them as such. All Shopify merchants must comply with Shopify's Terms of Service. This would include complying with all applicable laws in your jurisdiction. It is often nuanced and context- specific whether certain products and services comply with the laws applicable in your jurisdiction and your customer's jurisdiction. For example, some products may be legal in one place, but illegal to be shipped to another place. For this reason, the legality of products is something you would need to look into outside of Shopify.

I would suggest seeking independent legal advice here if you have questions about: (1) your compliance with Shopify's terms and/or policies; or (2) the legality of products or services in your jurisdiction and/or your customer's jurisdiction. 

Happy to help, any questions, just ask!