Is it illegal to sell fake Beats headphones if you state that they are fake?

[abisha]

So where I live, Beats are a sensation amongst the teenagers (I am a teenager in high school as well). Recently, it came to my attention that there are fake Beats (replicas that look the same, but are not the real thing) that are being sold. I found this out when a kid sold me Beats in-ear headphones (I had a sneaking suspicion they were fake, and later confirmed it online) for $20. I didn't mind, because these are still some SWEET headphones for 20 bucks. I'd gladly buy them again.

My question is, would it be illegal for me to buy fake Beats online and resell them on Ebay for 2x or 3x what I bought them for, IF I STATED ON THE SALE THAT THEY WERE FAKE? If I clearly stated all over the purchase page that "THESE HEADPHONES ARE REPLICAS AND NOT REAL BEATS(tm) AUDIO HEADPHONES" wouldn't that be legal? I am not commiting fraud because I am not claiming that my product is something that it isn't.

But people will not want to buy fake Beats, you say. Well, yes they will. These things look the same, and sound GREAT. They are a FRACTION of the real one's price, and sound just fine. Sure, there might be a 5-10% difference in the sound quality, but who gives a damn? If you do, go pay 5x the price for the real ones.

So, would this be illegal? If so, please link or quote an actual law so I know it isn't just your opinion. I'm into making money, but do NOT want to get tied up in illegal activities. I want to do this fairly and legally.

[jerrick]

Still a violation of trademark law.

[wilbart]

Ebay will not allow you to list them as it's illegal to sell counterfeit merchandise even if you disclose it as counterfeit. If it has the Beat name or logo anywhere on the packaging or the product itself, it's a crime to even sell them and Ebay will not list them. if they only look like Beats but do not have the Beats name or logo anywhere then you could sell them and claim they were replicas