Which athlete comes to mind first when you think of the number eight? That's exactly what the U.S. Patent and Trademark Office (USPTO) will try and determine after Baltimore Ravens quarterback Lamar Jackson filed a trademark opposition against stock car driver Dale Earnhardt Jr. over the number.
Jackson filed an opposition claim with the USPTO on Wednesday after Earnhardt attempted to trademark a stylized number eight. Jackson previously registered the trademark "ERA 8 by Lamar Jackson," and two variations of that phrase. Jackson's filing argues Earnhardt's attempt to trademark the number eight would create confusion among consumers.
Jackson's "ERA 8" trademark is used to sell clothing and duffel bags. Earnhardt's trademark for his stylized number eight is also used to sell clothing and toys.
In his "notice of opposition," Jackson's legal team argues he is "well-known by this number due to his notoriety and fame," and that granting Earnhardt's trademark would create a situation where consumers could erroneously buy an Earnhardt shirt when they meant to purchase a Jackson shirt.
Jackson has worn the No. 8 since his days at Louisville. He carried that number into the NFL, where he put up exceptional numbers while wearing a No. 8 jersey. Jackson is a three-time All-Pro and two-time MVP.
Earnhardt used the No. 8 on the side of his car throughout the majority of his racing career. He won a variety of races with the number painted on the side of his car and was inducted into the NASCAR Hall of Fame in 2021.
It's not the first time Jackson tried to stop another athlete from filing a trademark for the number. Jackson and Troy Aikman — who also wore No. 8 during his NFL career — are still engaged in a legal battle over the number.
While these types of cases can head to trial, that's unlikely in this instance, per Gerbenlaw.com. The parties involved in similar legal battles usually settle their dispute before things escalate.
In the end, it's unlikely any one party is allowed to solely own the number eight. Jackson might be the most famous athlete to wear the number now, but that doesn't mean he can prevent those who came before him from profiting off the number.
