NASCAR legend Dale Earnhardt Jr. and Baltimore Ravens quarterback Lamar Jackson would not seem to have very much in common at first glance, except for the number 8 that both displayed throughout much of their careers. And that number is now at the center of a trademark dispute.
Lamar Jackson has worn the number 8 since his college days at Louisville in the mid-2010s where he won the Heisman Trophy. He has also kept the jersey number with the Ravens on the way to winning multiple MVP awards.
Dale Earnhardt Jr.’s history with the number goes back even longer. He debuted in the NASCAR Cup series in 1999 with the #8 for his father’s race team. He kept the number through 2007 when he made the switch to Hendrick Motorsports and started driving car #88.
But now Jackson is taking Earnhardt to court over his use of the number in a trademark dispute.
Legal expert Josh Gerben first discovered a “notice of opposition” filed with the US Patent and Trademark Office this week where the Ravens quarterback claims that the NASCAR legend’s version of the number is too close to his personal branding in “Era 8 by Lamar Jackson.”
In a legal clash between two sports icons, Baltimore Ravens quarterback Lamar Jackson has taken legal action to block NASCAR legend Dale Earnhardt Jr.’s attempt to trademark the number 8.
In a ‘Notice of Opposition’ filed with the U.S. Patent and Trademark Office (USPTO) on April 2, Jackson argues that Earnhardt Jr.’s trademark application for a stylized version of the number 8—used prominently on his race cars—conflicts with Jackson’s own trademark rights.
As for the basis of the claims, Jackson points to his own trademark registrations for ‘ERA 8’ and ‘ERA 8 BY LAMAR JACKSON.’ These registrations cover a range of goods including clothing, duffel bags, sports bags, and athletic gear. Earnhardt Jr.’s application similarly seeks protection for apparel and toy products, including die-cast cars, prompting Jackson’s team to argue that consumers may be confused about the source of those goods.
Lamar Jackson has also sued another prominent sports announcer over using the number, Dallas Cowboys Hall of Fame quarterback Troy Aikman, who also wore the #8 well before he was even born. According to Gerben, that case is still ongoing.
It’s not quite as ridiculous as Ohio State trying to trademark the word “the” but it comes pretty close. In the legal action, Jackson claims that Dale Earnhardt Jr.’s use of the number could create confusion between the brands of the two athletes and infringe upon his rights. For Jackson to try to claim complete ownership over a number that has been in circulation since the 8th century and the dawn of the Hindu-Arabic numeral system is pretty wild.
And let’s be honest, anyone that confuses Lamar Jackson and Dale Earnhardt Jr. likely has much bigger issues in their life that need addressing that is much more pressing than how it impacts athlete trademarks. Jackson and Dale Jr. should just settle this the old fashioned way – whoever tattoos the number on their face first gets dibs.