Is It a Crime to Sell Fake Pokémon Cards?

Selling counterfeit goods is generally illegal and can have serious consequences. However, the legal intricacies around fake Pokémon cards specifically can be complex. This article explores the key laws and risks involved.

Overview

• Selling fake Pokémon cards violates intellectual property rights held by The Pokémon Company International (TPCI)
• Both civil litigation and criminal charges are possible punishments
• Penalties can include prison time and steep fines depending on quantities sold and intent
• While some casual sellers may not face prosecution, there are still major risks
• Anyone considering selling fake cards should consult an attorney to understand their liability

Key Laws Behind Fake Pokémon Cards

Multiple areas of law make producing or distributing counterfeit Pokémon cards illegal:

• Trademark law: TPCI holds valuable trademarks on Pokémon characters and logos that counterfeits infringe upon. This allows them to sue for profits or seek criminal charges.
• Copyright law: The unique card artwork and designs are protected creative works that fakes reproduce without permission.
• Consumer protection laws: Selling fakes defrauds and deceives consumers who believe they are purchasing legitimate products.

Additionally, intentionally trafficking counterfeits violates federal legislation like the Trademark Counterfeiting Act. Depending on the quantity and value of fake cards sold across states lines or internationally, harsher punishments can apply.

Civil vs. Criminal Liability

Whether an individual selling fake Pokémon cards faces civil litigation or criminal prosecution depends on the specifics of the case.

In civil court, TPCI may sue parties infringing on their intellectual property for monetary damages. They can seek profits made from counterfeit sales or statutory damages up to $200,000 per trademark violated.

Criminally, state or federal prosecutors can choose to press charges if the counterfeiting operation violates criminal statutes. Charges can include:

• Trafficking in counterfeit goods
• Criminal infringement of a trademark
• Mail, wire, or bank fraud
• Counterfeit or illicit labels and packages

Much depends on the scope, intent, and other aggravating factors. But penalties can be severe – including years in prison, steep fines, and asset forfeiture.

By The Numbers: Counterfeit Pokémon Cards

The trading card secondary market has ballooned to over $10.8 billion globally. This growth and insatiable demand fuels counterfeiting networks trying to unlawfully profit:

• Over $60 million in fake Pokémon cards were seized in 2021 alone according to TPCI
• Up to 10% to 20% of Pokémon cards sold online may be fake per hobby insiders
• 55% of collectors report unwittingly purchasing counterfeit cards in the past

For context, TPCI prints around 25 billion legitimate Pokémon cards annually. But fakes continue flooding the marketplace, duping fans and collectors.

This black market exploitation of fans highlights why legally pursuing counterfeit producers is so vital.

Busting Counterfeit Pokémon Card Rings

Given the lucrative nature of trading cards, criminal organizations have increasingly moved into manufacturing fake Pokémon products. Their sophisticated operations try avoiding detection through:

• Importing raw materials like card stock and specialty inks to print fakes
• Mimicking the holographic films and texture found on authentic cards using insider knowledge
• Distributing through seemingly legitimate online marketplaces
• Quickly adapting designs to imitate new real card releases

But periodic law enforcement stings manage to disrupt these fraudulent groups:

• In 2021, two men in Rhode Island were sentenced for running a multimillion dollar fake card operation.
• A Los Angeles counterfeiting ring spanning the globe was dismantled in 2020. Millions of fake NBA, NFL, and MLB collectibles were recovered along with Pokémon cards.

These cases highlight that selling fake cards often entangles users with larger organized crime. And global law enforcement partnerships are making counterfeiters more vulnerable to multi-agency investigations.

Safely Finding Authentic Cards

For Pokémon collectors trying to avoid wasting money or legal troubles, purchasing authenticated products through reputable channels is key. Common signs a marketplace or seller raises red flags include:

• Unbelievably low prices compared to market rates
• Very limited customer images of the actual cards
• Sparse sales history and poor feedback ratings
• Misspellings or typos on listings
• Based internationally outside consumer protection coverage

Instead, trustworthy places to buy Pokémon cards include:

• Official stores like Pokémon Center online and at participating retail chains
• Reputable online TCG marketplaces that authenticate like TCGplayer and Troll & Toad
• Graded cards from certification companies like PSA and CGC that ensure authenticity

There are no foolproof ways to completely avoid well-disguised fakes being sold in the Pokémon secondary market currently. But responsible buyers should thoroughly research big ticket investments.

And accepting cards far below fair value unfortunately often indicates underlying fraud. As the famous saying goes – if it seems too good to be true, it probably is.

Selling Fakes Just Isn‘t Worth the Risk

Given the robust IP protections and law enforcement efforts targeting counterfeits, no Pokémon fan should consider producing or distributing fake cards. The legal consequences simply aren‘t justified by short-term profits. You stand to permanently destroy your finances, reputation, and freedom over a foolish choice.

If you believe you may have fakes in your possession already, immediately stop any attempts to resell them to others. Consult a lawyer to understand your options. And dispose of them responsibly to avoid perpetuating the problem.

Hopefully this breakdown has provided helpful clarity around the stringent legal landscape surrounding counterfeit Pokémon cards. While the laws may seem punitive to some, they play a vital role in protecting consumers, invested fans, and creative industries from exploitation. Because ultimately, counterfeiting and piracy threaten the very IP ecosystems that bring beloved franchises like Pokémon into existence.