When you think of the number eight, which athlete springs to mind first? The U.S. Patent and Trademark Office (USPTO) is set to tackle this question as Baltimore Ravens quarterback Lamar Jackson challenges stock car driver Dale Earnhardt Jr. over the trademark rights to the number.
Jackson has lodged an opposition claim with the USPTO following Earnhardt’s bid to trademark a stylized version of the number eight. Jackson had previously registered the trademark “ERA 8 by Lamar Jackson” and two related variations. Jackson’s objection contends that Earnhardt’s trademark application for the number eight could lead to confusion among consumers.
The “ERA 8” trademark owned by Jackson is utilized for the sale of clothing and duffel bags, while Earnhardt’s stylized number eight trademark is linked to clothing and toys sales.
In the filed “notice of opposition,” Jackson’s legal representatives emphasize his association with the number due to his fame and notoriety. They argue that granting Earnhardt’s trademark could result in consumers mistakenly purchasing an Earnhardt-branded item when they intended to buy a Jackson-branded product.
Jackson has worn the No. 8 since his college days at Louisville, continuing with the number in the NFL where he has achieved remarkable success. He is a three-time All-Pro and two-time MVP.
Earnhardt prominently displayed the No. 8 on his car during the first eight full seasons of his NASCAR Cup Series career, securing numerous victories under that number before being inducted into the NASCAR Hall of Fame in 2021.
This isn’t the first time Jackson has contested another athlete’s attempt to trademark the number. Jackson and former NFL quarterback Troy Aikman, who also wore No. 8, are currently embroiled in a legal dispute over the number.
Though these cases can potentially proceed to trial, it is deemed improbable in this scenario according to Gerbenlaw.com. Typically, parties involved in similar trademark disputes tend to reach a settlement before legal proceedings intensify.
Ultimately, it seems unlikely that any single entity will be granted exclusive ownership of the number eight. While Jackson may be the most renowned athlete associated with the number presently, he may not be able to prevent those who preceded him from capitalizing on the number.
