An unexpected intellectual property controversy is brewing in the cross-border e-commerce sector. Many sellers have habitually used "100%" in product descriptions to emphasize quality, unaware that this seemingly ordinary numerical symbol may now serve as the fuse for infringement lawsuits.
The "100%" Trademark Enforcement History
Recent reports indicate that the commonly used term "100%" has been registered as a trademark, with the rights holder initiating widespread infringement litigation. Multiple sellers across various platforms face potential legal risks. The earliest enforcement actions for the "100%" trademark date back to 2018, with the most recent platform lawsuit filed on August 24, 2022 (Case No. 22-cv-7204), demonstrating a systematic approach to trademark protection.
Brand Background
The "100%" brand originated in 1982, initially gaining recognition through sponsorship of motocross racing teams and athletes. In 2010, Saule, LLC acquired the brand and repositioned it as a professional sports equipment supplier specializing in high-end products for motocross, cycling, snowmobiling, and other racing activities.
The brand's primary products include premium goggles, eyewear, helmets, gloves, and various racing apparel.
Rights Holder Information
The trademark is held by 100% SPEEDLAB, LLC and SAULE, LLC.
Legal Basis for Claims
The lawsuit alleges both trademark and patent infringement. The rights holder has registered not only the word mark "100%" but also graphic trademarks and holds patents for related products. This means even using similar graphical identifiers without the "100%" text could constitute infringement.
Trademark and Patent Details
The "100%" trademark registration primarily covers sports equipment categories including goggles, eyewear, and apparel. The rights holder also possesses design patents for specific products.
Platforms at Risk
The case is being handled by Thoits Law. While no temporary restraining order (TRO) has been issued yet and the defendant list remains undisclosed, the complaint suggests potential impacts across multiple major cross-border e-commerce platforms including:
- Alibaba International
- AliExpress
- Amazon
- DHgate
- eBay
- Etsy
- Walmart
- JD.com
Risk Mitigation Recommendations
As "100%" is a commonly used term, sellers should exercise particular caution to avoid unauthorized use of this trademark, especially when selling sports equipment, goggles, eyewear, or related products. Comprehensive review of product information is essential to prevent unintentional intellectual property violations.
Global Trademark Strategy
Beyond U.S. registration, the "100%" trademark has been registered in numerous jurisdictions worldwide including the European Union, Australia, Malaysia, and Canada, creating potential exposure for sellers across international markets.
Why "100%" Qualified for Trademark Protection
The brand's continuous commercial use since the 1980s established the term's distinctiveness in identifying product sources. U.S. trademark registration heavily weighs evidence of sustained use, which the rights holder successfully demonstrated. Additionally, the brand's original logo design met all trademark application requirements.
The case remains ongoing with no TRO issued yet. The cross-border e-commerce community continues to monitor developments closely.