๐Ÿ˜… Sweatin' Bullets: My Close Call with Under Armour's Legal Team


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๐Ÿš€ This Week's Amazon Hack: Never Assume Anything

You might have seen me share about my little fiasco with Under Armour in the past but I wanted to do a deeper dive on this so you can avoid what I went through...

Let's rewind to 2017 when I was deep into the growth stage of one of my most successful brands on Amazon. It was in the leather accessory space and a lot of thought had gone into the branding side of the business. The name was unique and really played well on Amazon with an emphasis on quality.

Then came "THE EMAIL" from Under Armour. It was a cease-and-desist letter from their legal department telling me to disband my brand due to my brand containing the word "armor" which they felt was too close to their "Armour."

Ridiculous, I know...

Their claim was that my legal trademark was too close to theirs. Under Armour wanted to protect any future retail categories "just in case." What's really nuts about this story is that they didn't sell in this category at all! Yes, it was very unfair but we don't live in a fair world.

I knew at this very moment that I was in big doo doo. I immediately contacted my trademark lawyer and told him about the shocking email.

About now, you are probably expecting a savior story from my lawyer.

WRONG

He proceeded to inform me that Under Armour is known for "trademark bullying." Oh, joy! Years spent building up this brand and now a massive corporation was telling me to close up shop. How nice.

Obviously, I wanted to fight back. My lawyer then deflated me. Although I rightfully owned my trademark, Under Armour's strategy was a simple one: drown me in legal fees until I gave up.

I'm so grateful for honest lawyers. Instead of being prideful and fighting back with no end in sight, my lawyer recommended a response back to Under Armour that entailed a willingness on my part to rebrand with a new name but do it over time.

I ended up creating a new name, building a new website, and updating all my Amazon listings over the next 6 months. Under Armour was OK with this plan and I moved on with life.

The silver lining was that the new name was actually much stronger from a branding perspective and tied in my love for Texas and leather products.

Why Share?

I bring up this painful story so you can learn from it and not get into the same position with your trademark!

The big takeaway from this is to be ultra-conservative and choose a brand name that can be trademarked and be totally unique in your space. Don't even get close to sounding similar to another billion-dollar brand.

Trademark research is one thing but use your own research to help you decide if a name might become a target for trademark bullying down the road.

Is it fair? No. Is it a reality? Yes.

Just avoid this from Day 1 and pick a brand name that is completely unique.

What's ironic is that the Chinese are good at this. You've seen these brands: Equsupro, Asakuki, Levoit...

Sometimes, as a brand owner, you need to understand how to "work within the system, not against it."

You might be asking, "Jon, are you still bitter about it?"

No, not anymore, especially considering the brand went on to sell millions on Amazon. It was a bit of a blessing in disguise!


๐Ÿ”ฅ Hot Amazon Seller News: A Most Critical Deadline

You have two days. August 15 is when the hammer comes slamming down on you.

The Amazon seller life gets busy, I get it. But, it's time to take action and you only have 48 hours.

After years of much debate, Amazon is officially updating all listings to be uniform.

1. Remove all of those "guarantees."

Amazon hates them now so I recommend using this space to add more long-tail keywords to your bullet points. Never forget, that bullets are for SEO at the end of the day. Use this space wisely.

2. No more emojis!

This means no more ๐Ÿฅฐ and no more โœ…. It's all got to go! To be honest, it's pretty juvenile. Years ago, I actually got rid of these and formatted my bullets to be all caps for each bullet title and added as many long-tail keywords as I could. Amazon wants to keep listings consistent and professional-looking. This one is easy to comply with.

3. Delete all warranty language.

This one really kills me. Historically, I have recommended sellers to put this in their last bullet point but the fun has come to an end. Focus on data-rich SEO and start tracking keyword ranking. Amazon is truly moving in a direction where the only thing that matters is if you have a truly incredible product and have smart SEO. As always, adapt or perish!

Amazon's updated rules also ban words/phrases like eco-friendly, anti-microbial, and made from bamboo.

Amazon has yet to ban language about pending patents, so those are still good to go!

Now, please close out of this email and update your bullets!


Jon Elder

โ€‹Say hi ๐Ÿ‘‹ on X or LinkedInโ€‹

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๐Ÿ“ˆ Whenever You Are Ready

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  1. โ€‹Get Amazon Consulting - I work with hundreds of Amazon sellers to help them scale faster, crush their competition, and exit for millions. If you're ready to take your brand to the next level, book your free discovery call!
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