Scratches on my new intel i5 3570k cooling fan?!?

Obviously its not in new condition, unopened box. I would be upset just for the simple fact that the product is not as it was advertised. I generally suggest avoiding buying CPUs on Ebay.

As far as the scratches affecting it, it shouldn't. This is what thermal paste is for, the seal the CPU to the heatsink so that imperfections in the contact do not disrupt cooling efficiency. Try to install the CPU and see if it boots up if you want, but like I said, I wouldn't keep something that wasnt as described in the listing.

+1 nekulturny

I generally advise that people don't buy from Ebay but as stated above thermal paste should fill in any problems or scratches on the top of the processor.

Did the "new unopened box" have intact Intel-branded holographic security stickers as proof that the box has not been tampered with?

if it still had the intel sticker on it, there's the tiny possibility that box was badly handled on transportation.