Lamar Jackson and Dale Earnhardt Jr. are currently in a legal dispute regarding the trademark of the number 8.

Jackson, who has a history with the number 8, is challenging Earnhardt Jr. for the legal use of the number.

The NFL quarterback, who has prominently worn No. 8 throughout his NFL career with the Baltimore Ravens, filed a Notice of Opposition with the U.S. Patent and Trademark Office (USPTO).

The two-time NFL MVP challenges Earnhardt’s intent to trademark a stylized version of the number 8, which Earnhardt uses on his race cars. Jackson argues that the NASCAR legend’s trademark application conflicts with his own established rights.

However, Jackson has previously trademarked phrases, including “ERA 8” and “ERA 8 BY LAMAR JACKSON,” covering various products such as clothing and sports gear.

Jackson claims he is “widely associated” with No. 8 due to his NFL accomplishments in his opposition filing. According to him, Earnhardt’s trademarks could misleadingly suggest a connection between the two athletes.

Earnhardt is seeking protections for merchandise related to apparel and toys, such as die-cast cars. The matter will advance to the Trademark Trial and Appeal Board (TTAB).

Lamar Jackson Went Against Troy Aikman Over Number 8 Last Year

Lamar Jackson (Photo by Geoff Burke/Imagn Images)
While Lamar Jackson and Dale Earnhardt Jr. are going up against each other, this isn’t Jackson’s first going bonkers over number 8.

He previously objected to Troy Aikman’s use of the number in a different trademark complaint.

The two star NFL quarterbacks, Lamar Jackson and Troy Aikman, were in the middle of a surprising legal battle over the number 8 last year. According to reports from ESPN’s Michael Rothstein, Lamar took issue with Troy using “eight” on his merchandise. He claimed that it could confuse fans about which quarterback the products are really linked to.

Lamar filed his complaint on July 9 against a company called FL101, where Aikman is a director. FL101 owns several trademarks featuring the number 8, mostly for beverages like beer and energy drinks.

Jackson’s team argued that Aikman’s products are very similar in how they sound and look, as well as what they represent.

What’s particularly interesting is that Lamar believes he’s done a lot to promote the number 8 as part of his own brand. He holds trademarks like “Era 8” and “You 8 yet?” to capitalize on that.

Christine Farley, an intellectual property law professor, weighed in on this unusual dispute. He noted that you can actually trademark many things, including numbers. So, while some might wonder how you can own a number, the reality is that one can indeed trademark a number, just like scents or colors!