Is it a crime to sell fake Pokémon cards? Everything you need to know

As a fellow Pokémon card collector, I‘m sure you‘ve wondered whether it‘s illegal or not to sell counterfeit cards. With fake Pokémon cards flooding the marketplace, this is an important question for any collector aiming to avoid legal risks and buy authentic cards.

Let me provide a detailed overview of the legal situation around counterfeit Pokémon cards so you can make informed decisions and help protect our shared hobby.

Why fake Pokémon cards are a growing problem

The Pokémon Trading Card Game has seen a massive resurgence in popularity over the last few years. Unfortunately, this has led to an explosion of fake cards being manufactured and sold online and in-person.

Counterfeits have become incredibly common – PWCC Marketplace estimates up to 30% of all PSA submissions are fake cards trying to get graded. That translates to tens of thousands of counterfeits circulating.

For companies like The Pokémon Company International (TPCi), these counterfeits represent lost profits and damage to their brand. For collectors, it hurts the integrity of the hobby and means the risk of wasting money on worthless fakes.

Clearly, counterfeits are an endemic problem currently facing the Pokémon collecting community. But how exactly does the law treat them?

Trafficking in counterfeit cards violates federal laws

Let‘s start with the basics – selling fake Pokémon cards is very much illegal under US federal laws against trafficking in counterfeit goods.

Specifically, it violates Section 2320 of Title 18 in the US criminal code. This law imposes harsh penalties on anyone caught knowingly importing, distributing, or selling counterfeit items:

• Up to 10 years in prison for a first offense
• Up to 20 years for repeat offenses
• Fines up to $2 million per counterfeit mark per type of good

These penalties apply to both individuals selling fakes and larger counterfeit operations. The potential prison time demonstrates just how seriously the government takes trademark infringement.

And because each fake Pokémon card bears trademarks like the Pokémon name and logo, each one represents a separate offense under the law.

Simply put, selling fake cards is a federal crime with serious consequences.

State laws also prohibit trafficking in counterfeits

In addition to federal laws, state governments also have statutes outlawing the distribution and sale of counterfeit items.

For example, California‘s law allows for a jail sentence of up to 1 year in county prison or a fine up to $1,000 per counterfeit item. Florida‘s law sets penalties at up to 5 years imprisonment and a $1,000,000 fine!

The key point is that trafficking in fake Pokémon cards risks violating both federal and state laws across the US, compounding the potential legal consequences. Selling even a few fake cards could lead to years of jail time and massive fines.

Online marketplaces heavily restrict sales of counterfeits

Many counterfeit Pokémon cards are sold online through platforms like eBay, Amazon, Facebook Marketplace, and online collectibles retailers. However, most of these sites explicitly prohibit trafficking in counterfeit goods:

• eBay – "Counterfeit items are illegal and not allowed on eBay."
• Amazon – "Amazon prohibits the sale of counterfeit products."
• Facebook – "Intellectual property infringement is not allowed."

If caught selling fake cards, your account will likely be suspended or terminated immediately. These platforms also work with law enforcement to identify counterfeit traffickers.

So not only are you breaking the law, but you risk losing your account that may have taken years to build up.

Hefty civil penalties from companies like TPCi

On top of potential criminal charges, anyone caught trafficking in fake Pokémon merchandise also risks facing civil lawsuits from TPCi to recoup damages.

These companies can sue counterfeiters for:

• Lost profits – Sales of counterfeit goods represent revenue lost by the rights holder. These can total millions for a popular brand like Pokémon.
• Brand reputation damage – Counterfeits undermine trust in the brand, which courts recognize as a quantifiable loss.
• Legal costs – The costs of investigating and building a civil case against counterfeiters.

For example, in 2021 TPCi sued two individuals for selling fake Pokémon merchandise totaling $5000. The lawsuit sought over $300,000 in damages and other penalties.

These huge sums sought, even for relatively small trafficking operations, demonstrate why you must avoid counterfeits. The potential civil liabilities are massive.

You might face criminal fraud charges too

On top of the criminal penalties under anti-counterfeiting laws, trafficking in fake Pokémon cards could also lead to separate criminal fraud charges.

If you intentionally try to pass off and sell fake cards as real, authentic cards, this constitutes fraud and false advertising under criminal laws. You are essentially scamming and deceiving buyers, risking further fines and jail time as a result.

For example, in 2021 a seller was criminally charged by California prosecutors for selling counterfeit Pokémon cards labeled as authentic. Prosecutors treated this as outright fraud against customers.

The bottom line is that intentionally selling fake cards as real exponentially increases the legal jeopardy beyond just civil penalties. Representing counterfeits as genuine crosses the line into criminal fraud territory.

Spotting fake Pokémon cards protects collectors

Given the sky-high stakes, it‘s crucial collectors learn how to identify counterfeit cards in order to avoid them. While some fakes manage to closely imitate real cards, there are telltale signs you can watch for:

I‘d strongly recommend reading guides on spotting fakes before purchasing any expensive or rare single cards. Fakes are unfortunately everywhere, so collectors must be vigilant.

Graded cards are safest for buyers

Given the risks around counterfeits infiltrating the singles market, buying graded cards rather than raw cards is the safest option for collectors.

Reputable grading companies like PSA and Beckett authenticate cards as part of the grading process. Their plastic slabs are also tough to fake. While grading is expensive, it provides assurance you are getting a real certified card.

Many collectors now exclusively purchase graded cards to avoid accidentally buying fakes raw cards. The extra grading costs provide valuable peace of mind.

Authentication services help verify real cards

If you have your eye on an amazing raw card deal, don‘t just take the seller at their word it‘s real. Use a professional authentication service like Certified Collectibles Group‘s CAG to verify authenticity first.

You ship your cards to them, and their experts perform a rigorous inspection using high-tech tools to weed out fakes. For a small per-card fee, it‘s a smart move before paying huge sums for potential counterfeits.

The ethical case against fakes: Don‘t fund criminals!

Beyond just the clear legal risks, there are also strong ethical reasons for collectors like you and I to abstain from counterfeits.

Fundamentally, trafficking in fake Pokémon cards helps fund criminal operations and mistreatment of workers involved in manufacturing them. Fakes are often churned out in unregulated overseas factories rife with labor abuses.

Plus, the profits flow back to criminal enterprises running these counterfeiting operations. Avoiding counterfeits helps cut off funding to these unethical organizations.

As members of the Pokémon collecting community, we all bear responsibility for nurturing a welcoming, lawful hobby. That means upholding values of fairness and authenticity by refusing to produce or purchase illegal fakes.

The bottom line on counterfeit Pokémon cards

I hope this breakdown has helped explain the legal landscape and risks around trafficking in fake Pokémon cards. To summarize:

• Selling counterfeits violates federal and state laws, risking huge fines and years in prison
• Online marketplaces ban their sale, meaning lost accounts and income
• You may face large civil lawsuits from companies like TPCi
• Representing fakes as real adds criminal fraud to the charges
• But spotting and avoiding fakes protects the hobby and your collection

While the counterfeit scourge presents challenges, being an informed, ethical collector is the solution. Avoiding participation in the market for fakes helps safeguard the integrity of collecting for all of us. Thanks for reading and stay vigilant!