In the high-stakes world of sports merchandising, brand identity carries tremendous value—and athletes are increasingly taking legal action to protect their commercial rights. The recent trademark dispute between Baltimore Ravens quarterback Lamar Jackson and NASCAR legend Dale Earnhardt Jr. over the number 8 highlights the complex intersection of personal branding, trademark law, and commercial interests in professional sports.
The Latest Dispute: Jackson vs. Earnhardt
On April 3, 2025, NFL MVP Lamar Jackson filed a trademark opposition against NASCAR Hall of Famer Dale Earnhardt Jr. to block Earnhardt’s attempt to trademark a stylized version of the number 8. In a “Notice of Opposition” filed with the U.S. Patent and Trademark Office (USPTO), Jackson argued that Earnhardt’s trademark application for a particular stylized version of the number—used prominently on JR Motorsports race cars—conflicted with Jackson’s own trademark rights.
The basis for Jackson’s opposition rested on his existing trademark registrations for “ERA 8” and “ERA 8 BY LAMAR JACKSON,” which cover a range of goods including clothing, duffel bags, sports bags, and athletic gear. Earnhardt’s application similarly sought protection for apparel and toy products, creating the potential for marketplace confusion according to Jackson’s legal team.
Unlike many trademark disputes that can drag on for months or years, this conflict reached a surprisingly swift resolution. Just one day after Jackson’s opposition filing, Earnhardt announced on social media that he would abandon his pursuit of the contested version of the number 8 logo, while securing rights to use a different stylized version instead. “We are looking forward to the remainder of an already successful season,” Earnhardt stated, effectively ending the dispute before it could escalate further.
The Value of Number Trademarks in Sports
Athletes across various sports have long recognized the commercial value of their jersey or car numbers. These numbers often become synonymous with their identity, creating valuable opportunities for merchandising, endorsements, and brand extensions.
For Earnhardt, the number 8 represented a significant part of his NASCAR legacy. He used the number on his race car during the first eight full seasons of his NASCAR Cup Series career, winning multiple races and building fan recognition around this symbol. The number carried such value that Earnhardt reportedly spent years attempting to secure trademark rights for various stylized versions of it.
For Jackson, who has worn number 8 since his college days at Louisville, the digit has become integral to his “ERA 8” brand identity. His commercial strategy has included developing trademark-protected phrases and logos incorporating the number, which he uses on merchandise ranging from apparel to accessories.
Related: We have guides on the Baltimore Ravens Trademarks, as well as other sports figure trademarks
Legal Framework: What Can Be Trademarked?
The Jackson-Earnhardt dispute raises interesting questions about the extent to which numbers—particularly single digits—can be exclusively claimed through trademark law. Numbers themselves cannot be trademarked in isolation, but stylized presentations or combinations with other elements can potentially receive protection.
The USPTO maintains thousands of active trademarks incorporating numbers, including many using the number 8. What makes this dispute notable is the profile of the parties involved and the specific commercial categories in which they operate.
For a trademark to be granted, it must serve as a distinctive identifier of the source of goods or services. When evaluating applications, the USPTO considers factors such as:
- Distinctiveness of the mark
- Likelihood of confusion with existing marks
- Whether the mark is primarily functional
- Whether the mark falsely suggests a connection with persons or institutions
You can learn more in our series covering what can be trademarked
In this case, Jackson’s opposition argued that Earnhardt’s stylized 8 could create confusion among consumers about the source of merchandise, potentially damaging Jackson’s established brand identity.
The Aikman Precedent: Jackson’s Ongoing Trademark Strategy
The Earnhardt opposition is not Jackson’s first attempt to defend his territory around the number 8. In July 2024, Jackson filed a similar trademark opposition against Hall of Fame quarterback Troy Aikman, who had applied to trademark the word “EIGHT” for use on apparel, bags, beverages, and other merchandise.
That opposition remains active, with Jackson’s attorneys arguing that Aikman’s use of “EIGHT” would be “likely to cause confusion, or cause mistake, or to deceive” consumers about whether they’re purchasing products from Jackson or Aikman’s company. Jackson’s legal team emphasized that his trademarks were registered before Aikman’s application and that the products from Aikman’s company are “highly similar in sound, appearance, connotation, and commercial impression” to Jackson’s trademarked goods.
Aikman, who wore number 8 during his NFL career with the Dallas Cowboys, responded to the dispute with humor on social media, posting: “Hey Lamar – looks like a worthy conversation over a couple cold EIGHT beers!🍺🍺 Maybe Steve Young can arbitrate??” (Steve Young also wore number 8 during his NFL career).
The USPTO database contains nearly 10,000 live registered or pending trademarks that include the word “eight” and approximately 1,800 that contain the numeral “8,” suggesting the difficulty in claiming exclusive rights to such a common symbol.
Resolution Strategies in Trademark Disputes
The contrasting outcomes of the Earnhardt and Aikman disputes demonstrate different approaches to trademark conflicts:
- Swift Withdrawal: Earnhardt chose to abandon the contested mark quickly, avoiding potentially costly legal proceedings while securing rights to an alternative design.
- Formal Opposition Process: The Jackson-Aikman dispute continues through the USPTO’s Trademark Trial and Appeal Board (TTAB), which functions similarly to a federal court but focuses exclusively on registration issues.
- Coexistence Agreements: Many trademark disputes are resolved through negotiated agreements that allow similar marks to coexist with specified limitations on their use.
- Licensing Arrangements: Some disputes lead to licensing agreements where one party pays royalties to use the contested mark.
In the case of Jackson and Earnhardt, the quick resolution suggests a practical business decision by Earnhardt to avoid prolonged legal proceedings over a specific stylized version when alternative designs remained available.
Lessons for Business Owners
The Jackson-Earnhardt-Aikman trademark disputes offer valuable insights for businesses and entrepreneurs:
1. Conduct Comprehensive Searches
Before investing in branding based on common symbols like numbers, conduct thorough trademark searches across federal, state, and common law databases. This helps identify potential conflicts before substantial investments in marketing and merchandise. We do this for our clients, which you can read about here.
2. Develop Distinctive Presentations
When using common elements like numbers, develop distinctive stylistic presentations, combinations with other elements, or unique contexts that strengthen your trademark claim beyond the basic symbol.
3. Consider Filing Strategy Carefully
Strategic trademark filings can create a protective portfolio around your brand identity. Consider multiple applications covering different stylistic presentations and relevant goods/services categories.
4. Monitor Competitive Filings
Regular monitoring of new trademark applications allows for timely oppositions when potentially conflicting marks are published. In both the Earnhardt and Aikman cases, Jackson’s legal team identified and challenged the applications before registration was completed.
5. Evaluate Cost-Benefit of Disputes
As Earnhardt demonstrated, sometimes abandoning a specific application and pursuing alternatives can be more cost-effective than engaging in prolonged legal battles. Every trademark dispute requires a careful assessment of the business value at stake.
Looking Forward
Jackson’s systematic approach to protecting his “ERA 8” brand identity demonstrates the increasing sophistication of athlete branding strategies. By proactively registering multiple trademark variations and vigilantly opposing potentially conflicting applications, Jackson is creating a valuable commercial foundation that could extend well beyond his playing career.
For business owners of all sizes, the lesson is clear: strategic trademark protection requires ongoing attention and sometimes aggressive defense of your brand territory, particularly when your identity incorporates commonly used elements like numbers.
As the boundaries between sports, entertainment, and merchandising continue to blur, we can expect to see more high-profile trademark disputes as athletes and celebrities seek to maximize the commercial value of their personal brands.
Sources: ESPN, Sports Illustrated, Front Office Sports, CBS Sports
