What appears to be an innocent percentage symbol has become an unexpected legal hazard for cross-border e-commerce sellers. Recent trademark infringement lawsuits have frozen hundreds of seller accounts for using the term "100%" in product descriptions—a cautionary tale for all online merchants.
The "100%" Trademark Controversy
The common descriptor "100%," frequently used to emphasize product quality or purity, has been registered as a trademark. The rights holder has launched extensive legal action, with records showing enforcement dating back to 2018. The latest case (22-cv-7204) was filed on August 24, 2022, affecting sellers across major platforms including Alibaba International, AliExpress, Amazon, DHgate, eBay, Etsy, Walmart, and JD.com. Over 130 merchant accounts were frozen in this sweeping action.
The Plaintiff: A Century-Old Sports Equipment Specialist
The "100%" brand originated in 1982 through sponsorship of motocross racing teams. After being acquired by Saule, LLC in 2010, it evolved into a professional sports equipment provider specializing in products for motocross, cycling, and snowmobiling. Its premium goggles, helmets, gloves, and racing apparel have gained significant recognition in these niche markets.
Legal Protection: Dual Trademark Coverage
Plaintiffs 100% SPEEDLAB, LLC and SAULE, LLC have secured both word mark and design mark protections for "100%." This dual registration means infringement claims can extend beyond identical text usage to include visually similar graphic representations. The trademarks primarily cover sporting goods categories.
Risk Factors: Common Phrases as Legal Pitfalls
Merchants often inadvertently use "100%" when describing product composition or quality without recognizing its trademark status. Some attempt workarounds with similar phrasing, but courts may interpret these as infringing variants given the mark's established commercial association.
Trademark Viability: Historical Usage and Distinctiveness
The registration's validity stems from decades of continuous commercial use since the 1980s, establishing clear brand association. The graphic logo's original design further strengthened the application under U.S. trademark law, which prioritizes documented usage evidence.
Global Enforcement: A Multijurisdictional Challenge
Beyond U.S. registration, "100%" holds trademark protection in the EU, Australia, Malaysia, Canada, and other regions. This global footprint means sellers face potential liability across international marketplaces, requiring comprehensive trademark clearance checks.
Preventive Measures for Online Sellers
Merchants should conduct immediate platform-wide audits for "100%" usage in listings, including visual elements. Alternative descriptors like "pure" or "complete" may reduce risk. Proactive trademark searches through official databases or legal consultation are essential before new product launches. Those receiving infringement notices should seek qualified intellectual property counsel immediately.
As e-commerce competition intensifies, heightened awareness of intellectual property rights becomes crucial for sustainable business operations. Compliance with trademark regulations remains fundamental to maintaining competitive advantage in global digital marketplaces.