Baltimore Ravens quarterback and reigning NFL MVP, Lamar Jackson, has filed a complaint with the U.S. Patent and Trademark Office against Pro Football Hall of Fame quarterback Troy Aikman over the use of their shared No. 8.
According to federal records, Jackson contends that Aikman’s attempt to trademark “EIGHT” for use on apparel and bags could create confusion among consumers.
Jackson, who has registered or applied for several trademarks incorporating the number 8, argues that Aikman’s use of “EIGHT” is likely to mislead the public into thinking they are purchasing Jackson’s merchandise.
In a filing dated July 9, Jackson’s attorney emphasized the significant investment Jackson has made in promoting the number 8, which has become closely associated with his identity and brand.
Jackson’s complaint targets FL101, a company listed in SEC filings with Aikman as one of its directors.
FL101 has filed nine trademark applications for “Eight” across various products, including beer, beach towels, and energy drinks.
Jackson’s legal team asserts that these products closely resemble Jackson’s trademarks in sound, appearance, and commercial impression.
Both Jackson and Aikman have worn the No. 8 throughout their professional careers.
Aikman donned the number during his 12 seasons with the Dallas Cowboys and his college career at UCLA, while Jackson wore it at Louisville.
Aikman has gone on to become the top NFL analyst in his post-playing days. After a long career at FOX Sports, Aikman and his play-by-play partner Joe Buck moved to ESPN where they are now the faces of Monday Night Football.
Jackson’s trademarks include phrases like “Era 8 by Lamar Jackson,” “Era 8,” “You 8 yet?” and a logo featuring a “stylized wild dog” over a shield with “2018 Era 8 by Lamar Jackson 2018.”
Jackson’s attorney argues that these trademarks were registered prior to Aikman’s applications and that Aikman’s proposed trademarks are too similar to Jackson’s established brand.
Christine Farley, a law professor and intellectual property expert at American University, notes that while it may seem unusual to trademark a number, it is legally permissible.
“You can own almost anything you think of as a trademark,” Farley said. “You can own a smell. You can own a sound. You can own a single color. You can own a single number.”
Farley added that the appearance and usage category of a trademark can significantly impact a case.
The USPTO database currently lists 9,996 live registered or pending trademarks containing the word “eight” and 1,801 for the numeral “8.”
Aikman’s company may argue that the use of a number alone should not cause confusion among consumers, according to Farley. FL101 must respond to the complaint by August 18, per federal records.
What are your thoughts on this interesting situation?
Trademark battles like this happen all the time – but the fact that this one involves both Aikman and Jackson sure adds some extra spice.
Do you think Jackson has a case???