Short answer
Selling a fake Burberry bag is illegal in the United States. There is no legal resale market for counterfeit Burberry goods. A seller can lose the listing, the money, the account, and in federal cases, their freedom. A buyer who knows a bag is fake and resells it faces the same charge as the importer.
Federal law covers resale, not just import
18 U.S.C. § 2320 makes it a crime to traffic in counterfeit goods. "Traffic" means transport, transfer, or sell. A first offense carries up to 10 years in prison and a $2 million fine for an individual. Repeat offenses raise the maximum to 20 years.
The law applies to one bag sold on a marketplace app, not only to container loads. Prosecutors do not need proof that the seller made the bag. They need proof the seller knew the goods were counterfeit.
Civil liability runs next to the criminal charge
Burberry can sue under the Lanham Act. Statutory damages for use of a counterfeit mark start at $1,000 and reach $200,000 per mark per type of goods. A court can raise the award to $2 million per mark if the seller knew the goods were fake. The brand can also recover attorney fees and force the seller to hand over profits.
Platform rules
- eBay bans counterfeit items. Listings are removed and accounts can be suspended. Funds can be held.
- Poshmark, Mercari, and Depop prohibit counterfeit and replica listings in their terms.
- Authentication-based sites reject items that fail inspection and can charge the seller a fee.
- Payment processors can freeze a seller balance after one chargeback.
What buyers check
Authentication services inspect the interior tag, the date code, the hardware finish, and the stitching. Burberry used the "Burberrys" wordmark until 1999 and changed to "Burberry" after that. A bag with the wrong wordmark for its stated year fails. The Equestrian Knight Device has appeared on Burberry goods since 1901. Poor embroidery on the knight is a common flag.
What happens after a report
The order of events follows the same pattern:
- The brand or a buyer files a notice of claimed infringement.
- The marketplace removes the listing and emails the seller.
- The seller payouts pause while the dispute is open.
- Repeat notices close the account. The seller name, address, and bank data stay on file.
- U.S. Customs and Border Protection can seize the shipment and destroy it.
- Large or repeat volume can be referred to federal prosecutors.
Buyers also lose
A buyer who paid for a counterfeit can file a chargeback. The seller covers the refund plus a fee. Some platforms ban the buyer for buying a prohibited item. A counterfeit bag has no resale value on a legitimate platform, so the money is gone.
Options that carry no risk
- Sell an authentic Burberry bag and include the receipt, the dust bag, and the tags.
- Pay for a third-party authentication report and add it to the listing photos.
- If a bag turns out to be fake after you buy it, file a claim with the platform and the payment method instead of relisting it.
- Local consignment shops that authenticate in person take a fee but remove the personal risk.
Scope of this guide
This is a summary of published U.S. law and platform policy. Penalties depend on the state, the volume, and the evidence of knowledge. A lawyer can review a specific case.