Iconic No. 8 sparks high-stakes trademark battle between Dale Earnhardt Jr. and Lamar Jackson is drawing national attention. Both stars claim rights to the same number. One is a NASCAR Hall of Famer. The other is a two-time NFL MVP. A legal challenge is now underway at the Trademark Trial and Appeal Board. With trial set for 2026, the outcome could change athlete branding forever. The full story behind this dispute is still unfolding.
Key Highlights
- Dale Earnhardt Jr. and Lamar Jackson are in a trademark dispute over the stylized number 8.
- Jackson opposes Earnhardt’s application, citing potential consumer confusion and brand dilution.
- The case is being handled by the Trademark Trial and Appeal Board (TTAB).
- The trial is scheduled for 2026 if no settlement is reached.
- Trademark disputes highlight the importance of number-based athlete branding.
Legal Dispute Over No. 8 Trademark
In the domain of intellectual property, the clash between Dale Earnhardt Jr. and Lamar Jackson over the number 8 trademark presents a fascinating intersection of sports and branding rights.
This legal dispute, unfolding within the corridors of the U.S. Patent and Trademark Office (USPTO), emphasizes the complex nature of trademark law where sports figures seek to protect their personal brands.
Earnhardt, a NASCAR legend, finds himself at odds with Jackson, a prominent NFL quarterback, who has established trademark rights with “ERA 8” and “ERA 8 BY LAMAR JACKSON.”
According to trademark attorney Josh Gerben, Esq, Jackson’s opposition to Earnhardt’s stylized number 8 application is a calculated move to safeguard his brand identity.
This scenario highlights the increasingly valuable role of numbers in athlete branding, as they symbolize more than just a jersey digit, evolving into a potent emblem of personal and commercial identity in the sports industry.
Lamar Jackson’s Arguments and Concerns
While the legal dispute over the number 8 trademark highlights the complexities of athlete branding, Lamar Jackson presents a compelling case grounded in his association with the numeral.
As a prominent NFL figure, Jackson’s identity is closely intertwined with the number 8, a symbol that graces his merchandise and resonates with his fanbase. His argument emphasizes that Earnhardt Jr.’s trademark registration could create confusion, potentially misleading consumers into assuming a connection between the two athletes.
“He is widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise.”
“Purchasers and prospective purchasers are likely to mistakenly believe that the products Earnhardt Jr. offers are related to the products and services provided by Jackson.” – Josh Gerben, trademark attorney
Jackson’s concerns are rooted in the potential infringement on his established rights. The two-time NFL MVP contends that the overlap in branding could dilute his market presence, as fans might mistakenly associate Earnhardt Jr.’s products with his own.
This misperception could affect the credibility and distinctiveness of Jackson’s brand, a critical element in maintaining his standing in the competitive sports merchandising landscape. His arguments highlight the delicate balance between personal branding and trademark rights.
Legal Process and Prior Case History
As the legal process unfolds, the spotlight shifts to the Trademark Trial and Appeal Board (TTAB), the authoritative entity within the United States Patent and Trademark Office responsible for resolving such disputes.
The TTAB will deliberate whether Dale Earnhardt Jr. can secure a trademark for his No. 8 logo. This administrative court is known for its meticulous examination of trademark disputes, often involving a lengthy timeline. If the case proceeds without settlement, the trial is slated for 2026, a reflection of the complexity of trademark litigation.
Lamar Jackson, familiar with the TTAB’s corridors, previously filed an opposition against Troy Aikman’s trademark application for “EIGHT.” This ongoing case highlights Jackson’s proactive legal strategy in defending his brand identity.
The TTAB’s role is essential in balancing the interests of both parties, ensuring that trademark rights are awarded fairly within the competitive landscape of sports branding.
Background on Both Athletes
The intriguing intersection of sports branding and legal tactics is exemplified by the careers of Lamar Jackson and Dale Earnhardt Jr., two athletes who have become icons in their respective fields.
Lamar Jackson, wearing the No. 8 jersey for the Ravens, has electrified the NFL with his dual-threat quarterbacking skill. At just 28, he boasts accolades including two MVP awards (2019, 2023), four Pro Bowl selections, and three All-Pro Primary Team nods.
Some updated #Lions jersey numbers 👀 pic.twitter.com/4VvpQwljeu
— Detroit Lions (@Lions) April 3, 2025
Leading the league in passing touchdowns in 2019 and holding the record for career rushing yards by a quarterback, Jackson’s impact transcends the gridiron.
Conversely, Dale Earnhardt Jr.’s legacy is deeply rooted in NASCAR lore. Driving the No. 8 Chevy from 1999-2007, he amassed 26 Cup Series wins and 260 top-10 finishes over 631 starts.
A two-time Daytona 500 champion and NASCAR Hall of Famer, Earnhardt’s racing skill has left an indelible mark on motorsports.
News in Brief: Iconic No. 8 Sparks High-Stakes Trademark Battle
The legal battle over the iconic No. 8 trademark between Dale Earnhardt Jr. and Lamar Jackson emphasizes the complex intersection of sports branding and intellectual property rights. Both athletes bring compelling perspectives, rooted in their distinct legacies. As the case unfolds, it highlights the importance of personal branding in the sports industry and the broader implications for athletes seeking to secure and protect their identities. Ultimately, the outcome may set a precedent for future trademark disputes in sports.
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