Some time ebay do take action, but only when seller expressly informs about it. Means ebay removes items only if seller disclose the fact that item is replica or cloned. Ebay don't take any action if seller hides this fact even item looks like fake because of its pricing and previous customer's negative feedback or other reasons. Its funny but ebay will remove an item only if seller wants to sell fake item with honesty and proper disclosure.
Many buyers love to buy fake item at lower price for show off in his friends circle or for mental satisfaction.
But its an headache for genuine buyer like you as its waste of time to bid on an item that actually a fake or replica.
Its happened to me as well, when i was new on ebay (2 months back), once i placed my bid on a Sony Headphone (Seller ID: the_techno_guys)believing that the item is genuine even seller has done everything to prove that item is original in his listing, like picture of original Sony headphone, Description from Sony's website and claimed that item is made in Thailand etc, luckily(or unluckily) i won the bid on later date for just Rs.300, i was happy as this headphone are being sold for around $185 in market, but i was also suspicious about its quality hence i contacted the seller about authenticity.
He promptly replied that item is not genuine, he offered me to choose another headphone from his list(since all those were fake),but i started crying and told him that "he should have disclosed that item is fake", he replied "I never claimed that item is genuine".
well after some argument i convinced him to cancel the order because i don't want to buy fake item. He assured me that he'll be cancel the transaction.
I got my happiness back as he was so kind and was agree to cancel the order, but this happiness only last for one week as he surprised me to open an "Unpaid item case". I contacted again to the seller with my concerns and he said that he mistakenly opened that case as he has many buyers to deal with(i wonder as he had only 8 feedback till that time and even 13 till date, means he actually don't have many customers) but that Messiah agreed to sort out this issue amicably.
But unpaid amount case was still open for next 5-6 days and i was repeatedly being contacted by ebay via phone and email for quick payment of the item else they'll be impose restriction on my account.
Meanwhile i contacted ebay customer care with my issues and also told him that seller is selling fake product, but he suggested me to make payment and open a case for product not as described and return it to the seller's address. I make the payment and that Devil shipped that item to me quickly even previously i contacted him for a cancellation.
I got the item and i opened a case as per ebay customer care executive's suggestion. This time that monster/seller has contacted me and again assured me that he will refund my money but i have to wait for his next reply. I agreed but without any confidence. After 4-5 days ebay contacted me on phone but they were behaving like extortionist, they told me to return the goods immediately to the seller else they will close this case and award in favour of seller and ebay may also cancel my account etc etc.
Phewwww... it was humiliating and unethical as well.
I shipped that item immediately to the seller's address as provided by the ebay, and emailed all the shipping details to the ebay as they assured that i'll get return shipping cost.
I got refund but only price of the product and even after more that 15 days. I contacted the ebay customer care for shipping charges, they refused it politely as it was more than 2 days after approval of my refund. Alas! i lost return shipping cost.
I was furious and immediately left a negative feedback to the seller(since ebay also deserve a negative feedback in this case but i was not able to find any button to do so).
That monster sent me a mail and trying for emotional blackmail with Sugar Coated words, and wanted to get removed that negative feedback, he also claimed that it was he, who refunded my money and trying to prove that i am living on his mercy etc.
I found that seller was cunning, who wanted to mislead me with his false promises and forcing me to wait till the expiry of ebay's case limitation time.
He is still selling those fake headphones and i tried to report those item to the ebay, after referring to their listing policy violations norms http://pages.ebay.in/help/policies/replica-counterfeit.html
But its seems like these policies are only mockery as they don't remove those replica items even after repeated report.