AudioQuest can legally destroy a counterfeit cable sent to them, and this practice is grounded in contract law and federal anti-counterfeiting statutes.
Why Their Policy is Legal
- Contractual Consent: When you send a cable to AudioQuest for their official authentication or repair process, you must agree to their terms of service beforehand. By submitting the item, you enter a legally binding contract. Since their policy explicitly states that fakes will be destroyed without compensation, you have legally consented to the destruction.
- Illegal Traffic of Counterfeit Goods: Under federal laws like the Trademark Counterfeiting Act and the Lanham Act, counterfeit goods are illegal property. Mailing a counterfeit item back to a customer through the United States Postal Service or commercial carriers can technically be viewed as facilitating the trafficking or distribution of counterfeit goods.
- Brand Protection and Liability: Brands have a legal obligation to protect their intellectual property. If AudioQuest knowingly returns a fake cable to the market, and that cable is later resold to an unsuspecting victim, AudioQuest would be failing to prevent trademark dilution and consumer fraud.

