Lamar Jackson opposing Dale Earnhardt Jr's trademark application

Yesterday at 12:35 PM

In a legal clash between two sports icons, Baltimore Ravens quarterback Lamar Jackson has taken legal action to block NASCAR legend Dale Earnhardt Jr.‘s attempt to trademark the number 8.

In a 'Notice of Opposition‘ filed with the U.S. Patent and Trademark Office (USPTO) on April 2, Jackson argues that Earnhardt Jr.‘s trademark application for a stylized version of the number 8—used prominently on his race cars—conflicts with Jackson‘s own trademark rights.

As for the basis of the claims, Jackson points to his own trademark registrations for 'ERA 8‘ and 'ERA 8 BY LAMAR JACKSON.‘ These registrations cover a range of goods including clothing, duffel bags, sports bags, and athletic gear. Earnhardt Jr.‘s application similarly seeks protection for apparel and toy products, including die-cast cars, prompting Jackson‘s team to argue that consumers may be confused about the source of those goods.

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So, how does this case likely end?

In my view, none of the athletes are likely to gain exclusive control over the standalone number 8—a commonly used and highly diluted symbol in the world of sports and merchandise. Ultimately, Jackson, Aikman, and Earnhardt Jr. will likely all get their registrations and coexist on the trademark register, each with slightly different branding approaches.

— Gerben Law —