Lamar Jackson and Troy Aikman’s Trademark Battle Over ‘EIGHT’ Intensifies
MARCH 13, 2025 — The legal battle between NFL quarterbacks Lamar Jackson and Troy Aikman over the trademark rights to the word “EIGHT” has escalated.
On March 12, Aikman’s attorneys submitted a motion to the U.S. Patent and Trademark Office (USPTO) claiming that Jackson’s legal team has been unresponsive to discovery requests made in the case.
According to the motion, Aikman’s lawyers initially served these requests on October 17, 2024. Per USPTO rules, the responses would have been due 30 days later (on November 17). However, Jackson’s team requested extensions and did not submit any responses until January 13, 2025, nearly two months after the deadline.
Aikman’s team argues that once Jackson’s attorneys did respond, the answers were deficient, failing to address most of the questions and providing none of the requested documents. Furthermore, the motion states that Jackson’s legal representatives refused to submit additional materials, responding instead with a statement suggesting that Aikman’s legal team should file a motion rather than engage in ongoing debate.
Aikman’s legal team has now formally requested a court order to force Jackson to comply with the discovery requests. If the court rules in favor of Aikman, Jackson will have 30 days to produce the required documents and answers or risk a default judgment, which could effectively end his legal challenge.
Background of the trademark dispute
The trademark dispute centers on Aikman’s attempt to register “EIGHT” for use in sports apparel and equipment. Jackson, who wears No. 8 and owns the trademarks “YOU 8 YET” and “ERA 8” for clothing, filed an opposition last summer with the USPTO to block Aikman’s registration. Jackson argues that his existing trademarks give him priority and should prevent Aikman from register the trademark “EIGHT.”
Aikman, a Hall of Fame quarterback and three-time Super Bowl champion, contends that his use of the word “EIGHT” in branding is distinct and does not infringe upon Jackson’s trademarks. However, Jackson’s legal team maintains that the similarity in branding could lead to consumer confusion.
Why have Aikman and Jackson been unable to settle the dispute?
What makes this case surprising is the lack of settlement discussions between the two parties. Given their prominence in the NFL, a coexistence agreement, where both parties agree to distinct marketing strategies to avoid confusion, would be the typical resolution in similar cases.
In fact, Aikman himself proposed that the two solve the matter over a beer.
Jackson’s legal strategy in this case has been perplexing from the outset. If Aikman was willing to talk about a settlement, why not try to resolve this amicably? After all, both quarterbacks wore the number 8, and both appeared to use the number in different ways.
Of course, if Jackson was actually concerned about the potential for confusion in the marketplace, he is well within his right to file this type of legal proceeding.
What a motion to compel signals about the case
As a trademark attorney, when I see a motion to compel filed (such as the one in this case) that details the lack of response to discovery requests, it typically means one of a few things:
- The lawyer on the other side is having difficulty receiving instructions or information from the client
- The other side is not focused on the matter due to the limitations of budget or desire to actually prosecute the case
While we do not know the reason behind Jackson’s lack of response to discovery in this case, I anticipate that the USPTO will grant Aikman’s motion. Once the motion is granted, Jackson will be ordered to respond to the discovery requests within 30 days. If he does not, the USPTO will issue a default judgment and Jackson’s case against Aikman will be thrown out.
With the case now at a critical juncture, it will be interesting to see if Jackson and his legal team seek to resolve the dispute amicably or continue the litigation.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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