Discussions

really don't see how it can be illegal to sell it. When it was originally being sold as a knock off and was advertised to you as being genuine. Telling the truth about the item = illegal, lying about it = legal?  
 
And I'm not in the legal field. But it just doesn't make sense for it to be illegal.

I'm not in the legal field either, but I can't see why not.. especially if you're stating that it isn't genuine.  
 
There's plenty of people who sell knock-off Louis Vuitton, Chanel, Michael Kors, etc. I don't think this would be any different.  
 
Sorry about your bad luck with your purchase, too! .. I would be livid.

to say that those damn Canada Goose Parkas have been burning people for quite some time. Tons of knock offs on EBay. Bought one myself. They are full of chicken feathers and the collar is dog hair! lol. Saying they are fake up front does not protect you from copyright infringement. If they are only "in the style" of, it might be ok, but if they are really knock offs, like what you would buy out of somebody's trunk, and they are trying to look like the real things, logo and all, then I would steer clear. The foregoing does not constitute legal advise, nor establish an attorney client relationship.

We're just saying last week that there are a lot of those parkas for sale lately. Sorry you got burned.

Have you gone back to the seller and confronted him/her that you were sold a knock-off, paid for the real thing? Or do you think the seller believed they were selling a genuine parka? If the seller knowingly sold you a knock-off while passing it off as genuine, then perhaps Adam should be notified as well.

well if you have a screenshot of the advertising, saying it was a genuine CG parke then you could possibly recoup the difference in small claims court.  
 
If it was advertised as new in the bag unused I would contact the RCMP as they consider counterfiet merchandise a very important thing... remember the guys in winnipeg who were busted for all the counterfeit jets apparell.  
 
Just my opinion.

crownyboy said "to say that those damn Canada Goose Parkas have been burning people for quite some time. Tons of knock offs on EBay. Bought one myself. They are full of chicken feathers and the collar is dog hair! lol. Saying they are fake up front does not protect you from copyright infringement. If they are only "in the style" of, it might be ok, but if they are really knock offs, like what you would buy out of somebody's trunk, and they are trying to look like the real things, logo and all, then I would steer clear. The foregoing does not constitute legal advise, nor establish an attorney client relationship. "

I would think crownyboy is probably correct saying technically you would still be infringing on copy rights BUUUT if the local police say they cant see an issue with it and you are taking the lose yourself and informing buyers its a knockoff I would go ahead a sell it  
 
sucks you got scammed tho and if you see the same add or have info on the original add then I would let both adam and the rcmp (think there is a division for that) know about it, hopefully helps someone else not get digging too

What is usually used to prevent the sale of fake merchandise is trademark law. Trademark law protects the goodwill associated with the brand. Making use of a registered trademark without the authority of the owner is against the law. Louis Vuitton, Canada Goose, Rolex trademarks are all registered in Canada. Anyone who purports to sell the an item with the trademark could be sued under the Trademarks Act for "passing off" which is attempting to represent that the item is authorized by the trademark owner.  
 
The short answer is that trading in phony goods is a breach of the Trademark Act. That being the case, except with respect to importation of the goods where the CBSA may stop the goods when they cross the border, it is up to the trademark owner to take legal action to stop the infringement of its trademarks. There is no "Trademark police" who will charge you with an offence and prosecute you. Rather, you could get sued.  
 
I suspect Canada Goose has better things to do than sue someone who sells the parka on EBrandon. They would rather sue the manufacturers and distributors.

heres the link to the RCMP counterfeit jets jersey bust  
 
http://www.winnipegfreepress.com/sports/hockey/jets/Fake-Jets-jerseys-nabbed-128822693.html

and informed him of the situation and said that I would be posting an honest ad Friday evening - I've had no reply from him. I assume that if there was a problem with the ad from the e-Brandon standpoint I would have heard by now.  
 
Within an hour of buying the parka on Nov 29 I noticed that the seller had deleted the ad - but I also noticed that the seller was also trying to sell some bedroom furniture - once I found out that my parka was fake I replied to the furniture ad (I copied the ID number for that ad) and wrote the seller a polite e-mail saying that I now know that you sold me a parka that is not genuine and since you appeared honest and sincere in selling me the parka I asking you if you are honorable enough to take back the parka and advertise it honestly or at least refund a good portion of my money. I haven't received a reply and I noticed that almost immediately after sending my e-mail the bedroom furniture ad was deleted.  
 
When I bought the parka I asked the seller if it was bought at Urban Trail - the seller said they didn't know what retailer was involved as it was bought in Wpg and they were selling it for a relative - Now I realize that was a huge red flag and I should have left since the seller couldn't specify where it was bought.  
 
I didn't print a copy of the parka ad - of course I know who the seller is and where they reside - I just don't think it wise to show up at their residence and ask for a refund.  
 
I really have no proof since I don't have a copy of the ad so it's a case of buyer beware I think.  
 
I could I suppose take the parka and a copy of my ad and a copy of the e-mail I sent the seller to the RCMP but I really doubt that they would want to get involved in a minor fraud case when there is really no proof.  
 
My feeling right now is that if I can't sell the parka in the next few days then I should just donate it somewhere.  
 
Expensive lesson learned.  
 

But can you just keep the jacket and wear it?  
 
I completely understand being annoyed and pissed at being taken advantage of but if it passes that closely, would others beside you even know the difference? Or are you wanting to try and get your money back to put towards the real thing?

north of 54 said "and informed him of the situation and said that I would be posting an honest ad Friday evening - I've had no reply from him. I assume that if there was a problem with the ad from the e-Brandon standpoint I would have heard by now.     Within an hour of buying the parka on Nov 29 I noticed that the seller had deleted the ad - but I also noticed that the seller was also trying to sell some bedroom furniture - once I found out that my parka was fake I replied to the furniture ad (I copied the ID number for that ad) and wrote the seller a polite e-mail saying that I now know that you sold me a parka that is not genuine and since you appeared honest and sincere in selling me the parka I asking you if you are honorable enough to take back the parka and advertise it honestly or at least refund a good portion of my money. I haven't received a reply and I noticed that almost immediately after sending my e-mail the bedroom furniture ad was deleted.     When I bought the parka I asked the seller if it was bought at Urban Trail - the seller said they didn't know what retailer was involved as it was bought in Wpg and they were selling it for a relative - Now I realize that was a huge red flag and I should have left since the seller couldn't specify where it was bought.     I didn't print a copy of the parka ad - of course I know who the seller is and where they reside - I just don't think it wise to show up at their residence and ask for a refund.     I really have no proof since I don't have a copy of the ad so it's a case of buyer beware I think.     I could I suppose take the parka and a copy of my ad and a copy of the e-mail I sent the seller to the RCMP but I really doubt that they would want to get involved in a minor fraud case when there is really no proof.     My feeling right now is that if I can't sell the parka in the next few days then I should just donate it somewhere.     Expensive lesson learned.     "

the seller is and where they live? What are you waiting for? Contact the RCMP!

I'm very sorry to hear of this, I can completely respect how difficult of a situation this would be and how angering what you've described would be if it is in fact a knockoff  
 
Please forgive my directness in a sensitive situation but I do need to make a couple things clear-  
- advertisements on the site are not something that it's possible for myself to guarantee based on item description. Private one on one transactions are not normally something I can verify, therefore making transactions on a buyer-beware basis. Totally respect that it isn't always easy but if buying a brand named item and paying a premium price for it based on that brand it is strongly recommended doing due diligence to ensure you are getting what you understand you're getting.  
- when aware eBrandon does not allow the advertising of items that are in violation of the law, and that includes trademark law. If it becomes known that an item is a knockoff (whether declared to be so in the ad or not) the site cannot be used to exchange the counterfeit item. In these cases the ad will have to be removed.  
 
That said, I wouldn't assume all hope is lost.  
You've done what I'd do in the same situation, contacting the person again. It's important to not rule out that the seller themselves may not have known about the knockoff status. I'm not sure what kind of message was sent but it's important to share facts with them on why you believe the item is a knockoff and data that can show the difference in value between authentic and fake of the same item. I believe a good percentage of people would own up at that point if the facts you've shared support your claim.  
 
Regardless, informing site admin (as you've done) is also a good next step. If possible let the seller know that you have contacted admin to raise a complaint. In this case with your permission as site admin I would be able to contact the seller, inform them that a complaint has been received and encourage a solution if necessary be arrived at as appropriate based on the facts. I won't be in a position to verify or speak to the claimed facts myself and so am generally not able to get involved further if this is an isolated report. Depending on any additional history though I may be justified in taking further action to prevent the seller from future use as I obviously don't want this kind of thing taking place on the site when I can be sure it's taking place.  
 
Will send this same message and continue this chat via the support system as I see the message from late day Thursday is there.  
 
 
 
 
 
 
 
Edited by Adam, 2015-12-06 08:32:36

I received a personal e-mail from Adam this morning saying that I can't sell items that I know are fake even though my ad states that the parka is not genuine and my ad has been removed.  
 
Adam was very helpful and will get involved in trying to help me rectify the situation. I also met with an officer from BPS today and filed a report and they are also getting involved so we'll see what happens.  
 
Thank you for your opinions and insights - will let you know the outcome.

If you can't work something out with whom you bought it from, you could remove the CG badge, and any other identifying writing pertaining to CG, then your just left with a generic jacket that's not infringing on a trademark anymore.

I know the people who had the jacket and they had absolutely no idea that it was a fake either as the tag and everything took them to the Canada Goose website... If they purchased it from a friend that flew in from out of the country (NOT Winnipeg) last Christmas than they also too paid for something not real and it's not their fault at all... In the end of this sad situation 2 people got screwed... So it's not right to blame the seller when they too got taken in the end who paid more for it than North of 40 did!!

My mistake North of 54 not 40 lol

Yes, but the original buyers have now recouped some of their loss. If  
these people genuinely didn't know that they purchased a knockoff, they do now and the right thing to do would be to contact North and give them back their money.

north of 54 said "I received a personal e-mail from Adam this morning saying that I can't sell items that I know are fake even though my ad states that the parka is not genuine and my ad has been removed.     Adam was very helpful and will get involved in trying to help me rectify the situation. I also met with an officer from BPS today and filed a report and they are also getting involved so we'll see what happens.     Thank you for your opinions and insights - will let you know the outcome. "

what the police told you they are going to do.

I have some advice if you ever plan on buying another Canada Goose Jacket, or if anyone else on here is considering buying one. This will help especially if buying from a site like ebrandon, or kijiji.  
 
First, contact the seller and ask them to send you pictures of the tags on the inside of the jacket (there is a small pile on the left side), one of these tags will have information on it from the factory. You can actually call Canada Goose customer service and give them a number to verify its authentic!  
 
When you go to actually view the jacket:  
1) you want to check those tags and look for the hologram.  
2) check the fur, fake fur = fake jacket  
3) look at the badge on the sleeve, fake jackets usually have a pretty bad knock off (the maple leaf is poor quality, spelling mistakes ect.)  
 
If you are buying directly online: make sure to check the goose website to see if they are an authorised seller.  
 
http://www.canada-goose.com/ca/en/counterfeit/counterfeit.html  
 
I hope this helps! I always feel bad for people who get stuck with a fake goose jacket, especially when they paid full price for it!  

Iceage1901 said "I know the people who had the jacket and they had absolutely no idea that it was a fake either as the tag and everything took them to the Canada Goose website... If they purchased it from a friend that flew in from out of the country (NOT Winnipeg) last Christmas than they also too paid for something not real and it's not their fault at all... In the end of this sad situation 2 people got screwed... So it's not right to blame the seller when they too got taken in the end who paid more for it than North of 40 did!! "

In this case then, your friends should refund North for the jacket. Then only one person got "screwed". So because your friends lost out, do you think it's fair to take advantage of someone else to recoup their loss. If they were good people and genuinely didn't know it was fake at the time then they should fix it. Until they rectify reselling a fake product and eat their own loss, it is fair to "blame the seller", in my opinion.

I spoke with the police that visited them because I used to work there and there is nothing they can do, there are 2 victims and the person who initially sold the jacket lives in Beijing but used to live and is from Brandon... So everyone can have their opinions but until u all know the truth don't attack people on here

Once the seller on here found out the jacket was a fake they should have reimbursed the money to the buyer. Even if at the time they sold it they didn't know it was a fake. They know now and the moral and right thing to do is refund the money for it since it was not what they said it was. I understand they were taken advantage of by believing they bought a genuine coat, but just because they were wronged doesn't mean they are free to wrong someone else. They now know it's a fake. The right thing to do is to refund and do their best to go after the original seller for misleading them. You can't wrong someone else because you got wronged and call it justified. It sucks, but there's a clear right and wrong in this situation.

but you would think that even though they say they didn't know it was fake, the police should be involved as they sold it as a genuine article? I have a feeling they knew...

They did not know

this seems like a case of buyer beware.

I haven't heard from the BPS since filing the incident report but left a message asking for an update. Adam did send the seller an e-mail a few days ago stressing that the seller should consider settling this drama but I've rec'd no reply - so I'm guessing that the seller just wants this problem to go away.  
 
The Bejing explanation of where the coat originated is news to me - I was definitely told that the coat was bought in Wpg (from some store) but the seller didn't know what store it was as they were selling the parka for a relative.  
 
Of course, I'm still hoping for a positive end to this drama but that might just be wishful thinking.

The BPS contacted me to say that there is nothing they or I can do since the seller says they did not know the parka was counterfeit. So, I spent $500 on a purchase I never should have made - obviously I didn't do enough research.  
 
I had 2 options - I thought I could donate the parka to a charity but I would have to remove all CG labelling from the parka which I can't do since some of the labelling is not stitched onto the parka but is glued and I would rip the outer fabric.  
 
The other option is just to wear it - however I did attempt to wear the parka for the 2nd time this weekend and the zipper broke apart - pieces falling on the floor. It would cost at least $75 to replace the zipper and I just don't see any value in spending more money on a parka of questionable warmth.  
 
So, the parka has been thrown away.  
 
I would like to tell you some of the reasons why my parka is fake - some would not be obvious unless you compared the real and fake parka side by side - some are obvious and I missed them. Hopefully I can help someone else avoid a similar bad purchase.  
1) My parka is not the right shade and it is somewhat glossy in appearance compared to the real one.  
2) The outer fabric of my parka is thinner than the real parka  
3) The fur on the hood is a different color and texture than the real parka - it is either fake or if the origin of the parka is China then I've been told it is likely dog fur.  
4) The real parka has a hologram tag with a serial number inside the parka - mine has no such tag.  
5) The pockets of the real parka are lined - mine are not.  
6) The fur on the hood of the real parka is stitched onto the hood whereas mine is a strip of fur attached with Velcro  
7) The real parka has a YKK zipper (top quality zipper) whereas my zipper that fell apart is labelled VVE (origin of zipper unknown) but obviously inferior quality.  
8) How did I miss this one - there are a few misspelt words on the tags inside my parka.  
 
Thank you for your comments and thank you for reading my last post on this unfortunate subject.  

They should be banned from posting classified ads. Sorry you got scammed OP Hope you have a Merry Christmas anyway.....