Baltimore Ravens quarterback Lamar Jackson is taking Dale Earnhardt Jr. to court over an attempt to trademark the No. 8.
Jackson has filed a notice of opposition against Earnhardt Jr.’s efforts to trademark a stylized version of the No. 8, according to Josh Gerben, Esq. Earnhardt Jr. drove the No. 8 and No. 88 cars during his NASCAR career.
Jackson has his own “ERA 8” trademark, and argued in a court filing that Earnhardt Jr.’s filing could lead to confusion and a mistaken belief that the two have some sort of business connection. He also pointed out that he is also closely associated with the number, having worn it for his entire career dating back to his time at Louisville.
Gerben notes that Jackson has previously tried to protect his brand by taking similar action against Troy Aikman, who made his own attempt to trademark the word “EIGHT.” That dispute is still outstanding.
Gerben expects all three figures to eventually be granted slightly different trademarks, as it is impossible for any of them to gain control of the rights to use the number exclusively.
It is certainly unusual for two unrelated high-profile athletes to get locked in a trademark dispute, but it is not unprecedented. The situation actually came up recently between Pat Riley and the Kansas City Chiefs, though the outcome of the Super Bowl wound up rendering that irrelevant.
