Lamar Jackson Files Trademark Opposition Against Dale Earnhardt Jr. Over Use of the Number 8
April 3, 2025 — 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.
In the filing, Jackson contends that:
- He is widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise.
- Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights.
- Purchasers and prospective purchasers are likely to mistakenly believe that the products Earnhardt Jr. offers are related to the products and services provided by Jackson.
The opposition will now proceed before the Trademark Trial and Appeal Board (TTAB), the USPTO’s administrative court. Similar to a federal court case—but limited strictly to registration issues—the proceeding will determine whether Earnhardt Jr. can register his logo. The TTAB does not have the authority to award damages or even restrict Earnhardt Jr. from using the 8 on his products.
If the case proceeds on a typical timeline, a trial would not begin until mid-2026. However, most of these disputes are settled before reaching that stage.
This is not Jackson’s first attempt to defend his territory around the number 8.
In 2024, he filed a similar opposition against Hall of Fame quarterback Troy Aikman, who applied to trademark the word “EIGHT.” That case remains active, with recent filings showing that the parties are in the midst of contentious settlement and discovery discussions.
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.
Jackson’s legal efforts against Aikman and Earnhardt Jr. appear to be part of a broader, proactive legal strategy created by his trademark attorney. Through this effort, he is attempting to carve out space for future brand expansion, partnerships, or licensing opportunities tied to his ‘ERA 8’ identity.
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.
Do you need assistance with a trademark matter?
Contact an Attorney Today