Is it a counterfeit if it's advertised as such? The harm of counterfeits is only when they're being passed off as the real thing. If the buyer is aware that it's counterfeit what's the issue?
Are you asking if it's counterfeit if you say it's counterfeit? If it weren't, and you said it was, wouldn't you be lying?
That you’re cutting into the sales of the legitimate item and the buyer could easily sell on the counterfeit to an unwitting buyer. The protection does not solely exist for the benefit of consumers.