Dale Earnhardt Jr. is caught in a surprise legal fight over something close to his heart—the famous No. 8. For years, that number was part of his racing story. But now, NFL star Lamar Jackson has stepped in, saying it could confuse fans. This battle isn’t just about a number—it’s about names, brands, and history. What caused all this drama? And how did Teresa Earnhardt’s choice years ago lead to this moment?
Key Highlights
- Teresa Earnhardt’s decision to let the trademark rights lapse in 2024 allowed Dale Jr. to reclaim the No. 8.
- The lapse in trademark protection left Dale Jr. vulnerable to legal challenges from other parties, like Lamar Jackson.
- Lamar Jackson’s opposition highlights potential brand confusion between Earnhardt Jr.’s No. 8 and Jackson’s “Era 8” brand.
- Teresa’s refusal to release the number earlier exacerbated the legal vulnerabilities surrounding its reclamation.
- The timing of Teresa’s trademark lapse contributed to the current legal complexities faced by Dale Jr.
Dale Earnhardt Jr. Reclaims No. 8
Dale Earnhardt Jr.’s voyage to reclaim the iconic No. 8, a number deeply woven into the fabric of his early NASCAR career, represents a notable milestone in his professional and personal life.
This triumph was years in the making, as the number symbolized his identity during his tenure at Dale Earnhardt Inc. (DEI), from 1999 to 2007.
The opportunity arose when Teresa Earnhardt, his stepmother and former custodian of the number, allowed the trademark rights to lapse in 2024, thereby enabling Earnhardt Jr. to seize the moment and restore a cherished part of his legacy.
JR Motorsports, his racing team, soon announced that rising talent Sammy Smith would pilot the No. 8 in the 2025 NASCAR Xfinity Series.
This development was not just a professional victory for Earnhardt Jr., but also a personal one, as it marked the retrieval of a symbol from a pivotal era of his racing career.
The Legal Challenge from Lamar Jackson
The emergence of a legal dispute between Dale Earnhardt Jr. and Lamar Jackson over the trademark rights to a stylized number 8 adds complexity to an already storied narrative.
What initially seemed a triumphant moment for Earnhardt Jr., reclaiming the iconic No. 8, has now become a legal quagmire. As Earnhardt Jr. moved to secure a trademark for his stylized version of the number, he faced opposition from NFL quarterback Lamar Jackson.
Jackson, known for his “Era 8” brand, filed an opposition with the U.S. Patent and Trademark Office, asserting that Earnhardt Jr.’s application posed a conflict with his brand identity, thereby sparking a contentious legal confrontation.
This dispute rekindles past controversies surrounding the number 8, which has previously been a source of tension within Earnhardt’s own family.
As both parties prepare for a potential legal clash, the stakes involve not only brand ownership but also legacy preservation.
The History Between Dale Jr. and Teresa Earnhardt
Following the untimely death of Dale Earnhardt in a tragic racing accident at Daytona in 2001, the relationship between Teresa Earnhardt and Dale Earnhardt Jr. became a focal point for media examination, casting a shadow over the Earnhardt legacy.
The dynamics between them were marked by tension and conflict, which dominated headlines, particularly when Dale Jr. decided to leave Dale Earnhardt Inc. (DEI) in 2007. Seeking new horizons, he joined Hendrick Motorsports, hoping to take the iconic No. 8 with him.
“She either feels too personal about the number, or the rift between me and her is too personal.” – Dale Jr.
However, Teresa, who held the rights to DEI’s assets, refused to release the number without demanding a share of licensing revenue and its eventual return post-retirement. This decision exacerbated their rift, with Dale Jr. expressing frustration over Teresa’s stance, attributing it to either personal attachment or personal discord.
Years later, in June 2024, Teresa unexpectedly let the trademark lapse, allowing Dale Jr. to reclaim the number for JR Motorsports.
Lamar Jackson’s Trademark Opposition and Legal Process
In the wake of Teresa Earnhardt‘s unexpected decision to let the trademark for Dale Jr.’s iconic No. 8 lapse, attention shifts to another prominent figure embroiled in a trademark dispute: Lamar Jackson.
Around June 2024, the Baltimore Ravens quarterback was actively defending his brand identity, filing a trademark opposition against Troy Aikman’s attempt to claim “EIGHT” on merchandise.
In a tactical legal maneuver, Jackson targeted the simpler version of Dale Jr.’s No. 8, used by JR Motorsports, by filing a Notice of Opposition on April 2, 2025.
Arguing that Dale Jr.’s application could mislead consumers into believing a connection to Jackson’s “Era 8” brand, Jackson’s legal team emphasized the potential for confusion.
Not really a lawsuit — it’s opposition to a trademark application so now Trademark Trial and Appeal Board conducts proceedings. DaleJr company filed two applications — one for his Cup stylized 8 that has no opposition and the general JRM 8, which is what Lamar Jackson opposes. https://t.co/CkoTuYe4eo
— Bob Pockrass (@bobpockrass) April 3, 2025
They contended that the No. 8 is synonymous with Jackson’s identity, challenging the legitimacy of Earnhardt Jr.’s claim.
This dispute illuminates the complexities of trademark law, where personal branding intersects with legal protections and commercial interests.
The Legal Battle and Potential Outcomes
As the legal battle unfolds, the Trademark Trial and Appeal Board (TTAB) becomes the arena for this complex trademark dispute between Lamar Jackson and Dale Earnhardt Jr. This administrative proceeding focuses on whether Earnhardt Jr. can officially trademark the number 8, without delving into damages or usage rights.
The process, which could extend for years, pivots on several potential outcomes:
- Settlement Likelihood: Most cases resolve before reaching trial, hinting at a possible agreement.
- Trial Prospects: If unresolved, a trial might commence by mid-2026.
- Jackson’s Strategy: His aggressive brand protection mirrors prior cases, like with Troy Aikman.
- Shared Trademark Possibility: Both parties may adjust branding to co-exist with trademarks.
- Impact of Teresa Earnhardt’s Decision: Her delayed release of the number 8 has fueled this dispute.
Ultimately, the TTAB will determine trademark eligibility, shaping the future brand landscapes for both athletes.
News in Brief: Dale Earnhardt Jr. Trademark Dispute
The legal entanglements involving Dale Earnhardt Jr., Teresa Earnhardt, and Lamar Jackson highlight the complexities of trademark disputes in sports. As Dale Jr. endeavors to reclaim the No. 8, Teresa’s past decisions might have inadvertently exposed him to legal challenges, such as the one posed by Jackson. The ongoing legal process emphasizes the intricate nature of intellectual property rights, where outcomes remain uncertain and depend on the interpretation of existing agreements and legal precedents, impacting all parties involved.
ALSO READ: Iconic No. 8 Sparks High-Stakes Trademark Battle Between Dale Earnhardt Jr. and Lamar Jackson
