In a fascinating legal showdown, Lamar Jackson, the dynamic quarterback for the Baltimore Ravens, is taking on NASCAR legend Dale Earnhardt Jr. over the trademark rights to the number 8, a number that holds significant weight in both the NFL and NASCAR worlds.
Jackson, who has made No. 8 synonymous with his on-field exploits and MVP accolades, has officially filed a Notice of Opposition with the U.S. Patent and Trademark Office (USPTO) against Earnhardt’s intent to trademark a stylized rendition of the number. This isn’t just a matter of numbers; Jackson argues that Earnhardt’s trademark application stands to create confusion due to his own established rights and branding efforts surrounding the number.
It’s clear that Jackson has invested considerable effort in building his brand around No. 8. He’s previously secured trademarks for phrases like “ERA 8” and “ERA 8 BY LAMAR JACKSON,” covering a wide range of merchandise from apparel to sports equipment. His opposition asserts that his prominent association with the number means that Earnhardt’s proposed trademarks could mislead fans, suggesting a connection that simply doesn’t exist.
On the flip side, Earnhardt is looking to protect his brand as well, seeking rights for merchandise that includes apparel and collectibles, notably die-cast cars emblazoned with the number 8. This legal tug-of-war is set to move to the Trademark Trial and Appeal Board (TTAB), where both sides will present their cases.
It’s worth noting that this isn’t the first time Jackson has found himself in a trademark dispute. Last year, he challenged former NFL star Troy Aikman over similar trademark issues related to the number 8. Jackson’s previous complaint centered on Aikman’s utilized branding on merchandise, which he argued could confuse consumers about the true association of the products. His legal team contended that Aikman’s offerings bore too much resemblance to his own brand identity.
In this new face-off, Jackson’s assertion that he has significantly promoted the number 8 through various creative and marketing avenues is clear. His trademarks, including phrases like “You 8 yet?” illustrate his strategic focus on leveraging No. 8 in personal branding.
Expert commentary from Christine Farley, an intellectual property law professor, adds an interesting layer to this story. She points out the intriguing nature of trademarking numbers, emphasizing that it’s indeed possible to secure trademarks for many unique identifiers, including numbers themselves, much like colors or scents. This adds a thought-provoking dimension to a seemingly simple dispute over a number that carries immense significance for both athletes.
As this legal battle unfolds, it will be curious to see how the TTAB rules and what precedent it sets for other athletes and celebrities looking to carve out their own branding legacies. Will Lamar Jackson maintain his claim to No. 8, or will Dale Earnhardt Jr. be able to etch his own legacy in the world of trademarks? For fans, this battle is more than just legal wrangling; it’s a reflection of how sports, identity, and branding intersect in today’s competitive landscape.
