It is not a "fair" listing. eBay policies are quite clear:
"We don't allow counterfeit items or unauthorized copies to be listed on eBay.
Items that bear a company's official brand name or logo can be listed, as long as the products were lawfully made by, for, or with the consent of that company.
Unauthorized copies may include items that are bootlegged, illegally duplicated, or pirated. These items may infringe on someone's copyright or trademark.
Counterfeit products are illegal and not allowed on eBay. Examples include: Fakes, copies, or replicas of brand name items.
If you're not certain that your item is authentic, or if an authenticator has been unable to confirm its authenticity, it may not be listed.
We may remove listings if we receive buyer complaints that the item is not authentic. These items may not be relisted."