Is Buying Fake Pokémon Cards Actually Illegal?

As a long-time Pokémon TCG enthusiast and gaming industry blogger, this is a question I‘ve been asked countless times. So let‘s dive into the legal intricacies around purchasing counterfeit cards for your personal collection.

The Short Answer

Yes, buying fake Pokémon cards does violate trademark and copyright law. So in technical terms it is illegal.

However, legal action against buyers is rare unless you‘re operating a major counterfeit selling ring. For casual collectors, your biggest risks are civil penalties or getting scammed yourself when attempting to purchase fakes.

So in summary:

• Buying fakes infringes on trademarks → illegal
• But casual buyers rarely face criminal charges
• You should still avoid fakes to support creators!

Now let‘s explore the detailed legal landscape…

Why Buying Fakes Violates The Law

As an avid collector for 10+ years, I support Pokémon creators and absolutely don’t recommend buying counterfeits. Here is why purchasing fakes is technically illegal:

• Trademark Infringement – Pokémon card art, logos, branding, etc. are trademarked intellectual property. Fakes use them without permission, violating trademark law. Any production or purchase enable infringement.
• Copyright Violations – The vivid illustrations and creative designs on Pokémon cards are also covered by copyright protections around artistic works and commercial creative properties.
• Supporting Counterfeit Operations – Your money goes straight into the pockets of illegal counterfeiting rings when buying fakes, aiding their criminal operations. Authorities actively work to take down these organizations.

So if you come across a $3 "1st Edition Charizard" in a back alley market, just walk on by friends! Support the creators who brought Pokémon into our lives, not those stealing their work.

However…what are the actual odds you‘ll be criminally charged just for buying a few fake cards for yourself? Let‘s discuss that next.

Legal Risks: Counterfeit Buyers vs Sellers

Since buying counterfeit cards does technically break the law, what are risks for collectors? This table summarizes the differences in legal consequences between buyers and sellers of fake Pokémon cards:

As you can see, legal action around fakes targets large selling operations far more harshly than everyday collectors.

For buyers, your main risks are civil fines or account suspensions. Criminal charges almost exclusively target leaders of illicit trafficking rings.

However – just because you likely won‘t be arrested buying fakes doesn‘t mean you should! There are still major ethical and community consequences. The behaviour makes the vibrant Pokémon hobby less safe and fun for all of us. Not to mention you‘ll end up wasting money on worthless cards!

So now that we‘ve covered the legal landscape, let‘s explore tips for spotting counterfeit cards…

How To Spot Fake Pokémon Cards

I‘ve spent years examining pristine Charizards worth thousands next to cheap knockoffs. As an expert, here are the biggest tells of authenticity:

1. Card Texture & Feel

One of the biggest giveaways! Authentic cards have a smooth, glossy texture. Fakes tend to be too glossy, slippery, pixelated or just feel "off" compared to real Pokémon card printing stock.

2. Imperfect Printing & Errors

Fakes often have blurry text / art with pixelation, misaligned layers, or spelling mistakes. Even tiny typos on legitimate cards are super rare.

3. Colors & Holographs

Real holofoil cards have immersive, vibrantcolors and designs. Fakes pale in comparison – literally! Dull, faded shades are a quick sign it‘s not authentic Pokémon card printing.

I also recommend researching trusted collector guides on spotting fakes. With a discerning eye, you‘ll be spotting solid gold Magikarps from their Gyarados knockoffs in no time!

Now let‘s shift gears to discuss options if you do accidentally buy a fake card…

What To Do If Sold Fake Pokémon Cards

Despite your best efforts, you may end up with counterfeit Pokémon cards – it happens to every collector at some point!

If you unfortunately discover fakes in a purchase, here are your next best steps:

1. Contact The Seller

Reach out politely explaining why you believe the cards are fake. Most ethical sellers will apologize and provide refunds.

2. Report The Listing

If contacting the seller fails, report the listings to the selling platform (eBay, Facebook, etc). Their teams remove listings with fake items and may penalize repeat offenders.

3. Leave Honest Reviews

Politely explain your experience in your review. This helps warn other buyers and prevents the seller from tricking more fans.

4. Consult Authorities For Large Issues

If sold many high-value fakes or seller refuses communication, you may need to legally act via platforms or authorities.

5. Dispose of Fakes Properly

I can‘t stress this enough – never attempt reselling fakes you purchased! This enables further illegal counterfeit trade. Safely destroy the cards instead.

While getting scammed is frustrating, following the above steps helps limit further fake card spread.

Now that we‘ve covered buyers, what about those creating and selling the fake cards themselves?

Is Making & Selling Fake Pokémon Cards Illegal?

In contrast buying counterfeits, actively creating and selling fake Pokémon cards face significant criminal risks including:

• Legal prosecution for trademark/copyright infringement
• Multi-million dollar lawsuits from The Pokémon Company
• 5+ years prison time & steep fines
• Lifelong selling platform bans
• Blacklisting among collectors

Basically – illicitly distributing fake Pokémon cards ruins lives.

Not only are criminal charges and crushing lawsuits likely, you sacrifice your good standingamong collectors forever. Counterfeit selling‘s unethical and harmful nature means forgiveness is rare.

So steer very clear my friends! Support artists and creators – don‘t steal their work then sell it off.

Let your passion shine as a collector who uplifts fellow Pokémon lovers. Buy safely, sell ethically, and help make the community joyful for all. That‘s what the exquisite artwork filling our cards inspires in us!

Final Thoughts

I hope this in-depth guide brought clarity around laws & ethics on buying fake Pokémon cards. To summarize:

• Buying counterfeits is technically illegal – but low personal risk
• Selling fakes guarantees legal/social disaster

While you likely won‘t face charges for purchasing counterfeits, I urge all fans to uphold our creative community built on imagination, artistry and childhood nostalgia.

We all have a role to play in keeping Pokémon TCG culture sustainable, welcoming and full of adventure for decades to come!

Let me know in the comments if you have any other Pokémon card collecting questions – I‘m always happy to chat!