For some reason, I've been seeing a trend where a lot of places are selling opened (non-factory sealed) video games as new. I remember stopping into GameStop one day and bought a new copy of Capcom vs. SNK 2: E.O. for XBOX. Usually, they put an empty case on the shelves. All the games were kept behind a glass cabinet. When they gave me the game, it looked like it was sealed differently. The side of the game lacked the authentic halogram that all factory-sealed XBOX games have. So, the next day, I returned the game without any complaint, in its original fake seal.
So, the moral of the story? When buying a new console game, make sure that the hologram seal (or whatever factory seal the console platform uses) is on the item. I don't think this applies to PC games since I've seen video games sealed with something close to plastic tape. Additionally, when you see a new game on eBay auctions, make sure the factory-seal is pictured, or have the seller email you a picture of the seal. No one should pay a premium on games that are not exactly new.