Here's ebay's policy that applies to this, in case anyone was wondering:
Replica, Counterfeit Items and Unauthorized Copies
Counterfeits, unauthorized replicas, unauthorized items (such as counterfeit watches, handbags, or other accessories) or unauthorized copies (such as copies of software programs, video games, music albums, movies, television programs, or photographs) are not permitted on eBay. Unauthorized copies include (but are not limited to) copies that are pirated, duplicated, backed-up or bootlegged. It is illegal to sell unauthorized copies of media.
Guideline: If the product you are selling bears the name or logo of a company, but it wasn't made or endorsed by that company, don't list it on eBay.
Violations of this policy may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Some Examples
The following are examples of items that may not be listed on eBay:
A purse that has the Chanel name on it, but was not made by Chanel
Sunglasses bearing the Oakley name, but which are a style never made by Oakley
A fake autograph passed off as the real thing
Replacement parts for an HP printer which use HP's parts number and name, but were not made by HP
Pirated copies of video games
VHS, CD-R , or DVD-R copies of television programs taped off of television
"Backup" or "archival" copies of software programs
Pirated copies of music
"Bootleg" recordings of live music performances
"Home video" versions of a movie still in theaters
Software loaded onto a hard drive that is not being sold with the original media (disks, manuals, etc.)
CD-Rs containing scanned pages from a book, magazine, manual or other copyrighted written materials that were not written by you
Why does eBay have this policy?
eBay urges sellers and buyers to comply with all governmental laws and regulations. Since the sale of counterfeit items, unauthorized replicas and unauthorized copies is prohibited by law sellers may not list these items on eBay. This policy helps protect buyers from purchasing counterfeit or fraudulent items, helps protect intellectual property rights owners against infringement, and helps create a safer marketplace.
It's pretty clear that this seller is not only violating ebay policy, but the law. And it doesn't matter that she made up names for the products either-- selling a product with the MAC logo that wasn't made by MAC is illegal.
But the problem is enforcement. We can report this stuff every time we see it, but unless ebay actually wants to do anything about it, it doesn't do any good. In the email they send you after you report somebody, ebay says that if it's not immediately obvious to them that the item is fake, they foward it to the trademark holder and ask them if they would like to pursue it. Now I don't know how up to date the staff at ebay is about what MAC packaging looks like, but they don't give you any space on the form to explain WHY you think it's a fake. So it's quite possible that they wouldn't know from looking at tyhe listing. Which means they're forwarding the listing to MAC.... and here's where the real problem comes in.
As far as I know, MAC has made it very clear when people have emailed them or had live chats, that they're not interested in pursuing action against fraudulent ebay sellers. As far as they are concerned, any MAC product sold on ebay should be regarded as fraudulent, since ebay is not an authorized place for MAC products to be sold. I can almost understand this since there's so many people who sell pigment samples and reselling le items and other things which MAC doesn't want them to do-- but there's way too many people for them to try and sue everyone. Maybe they're hoping that the possibility of getting fake items will deter people from buying MAC on ebay and keep them buying it from MAC directly.
But that's BS! For the reasons that were just posted-- we're talking about people's health! People's eyesight! They should really be more responsible about all of this. ESPECIALLY considering they went after THIS SITE just for posting unauthorized PICTURES!! How much sense does that make? They care more about unauthorized pictures being shared by a bunch of hugely devoted MAC fans, than they do about counterfeit products being sold to potential customers?? What are they THINKING? If they're going to crack down somewhere-- really, which place makes more sense? Specktra or ebay?
(ha ha sorry for the rant!)