Lamar Jackson challenges Dale Earnhardt Jr.’s trademark claim of No. 8

Lamar Jackson’s drive to win the battle of the famous No. 8s is racing on.

Last year, Jackson challenged a trademark claim from Pro Football Hall of Fame quarterback Troy Aikman to put “EIGHT” on apparel and bags. Now, Jackson has turned to Dale Earnhardt Jr.’s pending trademark claim of a stylized No. 8 Earnhardt has used for his JR Motorsports race team.

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Jackson’s attorneys filed a notice of opposition Wednesday with the U.S. Patent and Trademark Office, saying Earnhardt Jr.’s claim would conflict with the two-time NFL MVP’s “Era 8” brand — which covers a variety of bags as well as “bottoms as clothing, footwear, headwear, tops as clothing (and) undergarments.”

“(Earnhardt Jr.’s) mark falsely suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the number 8,” the filing said.

Requests for comment from Earnhardt Jr. and Jackson’s attorneys were not immediately returned.

The ongoing dispute could take time to settle but, as it turns out, the sides may not be at odds for long.

In an update shared Friday, Earnhardt posted a statement to his social media channels announcing he had secured the rights to the classic No. 8 style he raced in the early 2000s and planned to retire the other No. 8 font (the one under protest from Jackson).

“Through the USTPO, we successfully secured the rights to the stylized 8,” Earnhardt said. “Therefore, we will be moving away from the original JRM 8 we have used since 2019.

“We are looking forward to the remainder of an already successful season.”

Earnhardt Jr. has been associated with the No. 8 since the late 1990s, when he broke into the Cup Series while racing for Dale Earnhardt, Inc. (DEI) — the race team owned by his seven-time NASCAR champion father, Dale Earnhardt Sr.

After Earnhardt Sr.’s death in the 2001 Daytona 500, Earnhardt Jr. struggled to find common ground with his stepmother, Teresa Earnhardt, who took control of the race team. Earnhardt Jr. left DEI to join Hendrick Motorsports after the 2007 season, where he switched to the No. 88.

Teresa Earnhardt held onto the No. 8’s trademark rights even after DEI eventually withered and shuttered, but last year she surprisingly let the rights expire without renewing them. That prompted Earnhardt Jr. to make a claim for his old familiar No. 8, which he continues to race in short track late model races.

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That particular No. 8, with a font so associated with Earnhardt Jr., is not being challenged by Jackson. A second No. 8, also slanted but in a different font, is the one Jackson’s filing said would lead purchasers to “mistakenly believe the products (Earnhardt Jr.) offers under the mark 8 are related to the products and services provided by (Jackson).”

If that No. 8 is registered, Jackson argued, Earnhardt Jr. would receive a “nationwide exclusive right to use a mark that is likely to cause confusion” and “create a false suggestion of a connection” with Jackson.

The dispute was first reported Thursday by trademark attorney Josh Gerben on his blog.

(Photo of Lamar Jackson: Al Bello / Getty Images)

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