Ebay Customers As Likely To Be Confused As Anyone Else

Bose Corp. v. Ejaz

Finding that eBay buyers are just as likely to be confused as any other consumer, the U.S. Court of Appeals for the First Circuit upheld summary judgment in favor of Bose finding defendant's unauthorized sale of gray market Bose products to be trademark infringement.  Bose Corp. v. Ejaz, Case No. 12-2403 (1st Cir., Oct. 4, 2013) (Lynch, J.).

As early as 2005 Salman Ejaz began selling Bose products through eBay.  He was not an authorized reseller or distributor for the products, rather he wanted to take advantage of the fact that the price of electronics vary significantly between countries making significant profits possible if one games the system.  Products sold outside the country they are intended for are known as "gray market goods."  Gray market goods are legitimate and unaltered products of the claimed manufacturer sold outside their intended retail markets.  Throughout 2005 and 2006 Ejaz sold Bose products designed for the United States