Lamar Jackson vs. Dale Earnhardt Jr.: The Battle for Number 8?
In a surprising legal move, NFL quarterback Lamar Jackson has filed a trademark opposition against NASCAR Hall of Famer Dale Earnhardt Jr. over the use of the number 8. While both sports icons have a deep connection to the numeral, the dispute raises questions about branding, ownership, and just how far trademark rights extend across different sports.
What’s the Issue?
According to reports, Jackson, the Baltimore Ravens quarterback, has taken legal action to challenge Earnhardt Jr.’s efforts to trademark “Dale Jr. 8.” Jackson, who has worn the number 8 since his college days at Louisville and throughout his NFL career, has built his own brand around the digit. His company, Era 8 Apparel, sells merchandise featuring the number prominently.
On the other side, Dale Earnhardt Jr.’s legacy with the number 8 dates back to his early NASCAR career. From 1999 to 2007, he famously drove the red No. 8 Budweiser Chevrolet for Dale Earnhardt Inc. (DEI), a number that became iconic among NASCAR fans. Although he later switched to the No. 88 with Hendrick Motorsports, his association with the single-digit 8 remains strong.
The Legal Battle Over a Number
Jackson’s filing suggests that Earnhardt Jr.’s trademark application could cause confusion or dilute his own brand’s identity. However, this raises a critical legal question: Can a number itself be trademarked in a way that prevents another athlete from using it in an entirely different sport?
Sports branding experts point out that while trademarks can protect stylized versions of numbers (like logos or fonts), they rarely grant exclusive rights to a numerical figure across industries. NASCAR and the NFL operate in vastly different spaces, making it difficult to argue that fans would confuse Jackson’s merchandise with Earnhardt Jr.’s.
Who Has the Stronger Claim?
Earnhardt Jr. has history on his side—his connection to the number 8 in NASCAR predates Jackson’s professional career. Additionally, trademarks in racing often belong to teams, not drivers. The No. 8 currently belongs to Richard Childress Racing in NASCAR competition, which suggests that Earnhardt Jr. isn’t trying to reclaim its usage in racing but rather for personal branding.
Jackson, on the other hand, has built his modern brand identity around “Era 8,” meaning any conflicting trademarks could impact his business. If he can argue that Earnhardt Jr.’s trademark would hurt his ability to market apparel, the opposition could gain traction.
What Happens Next?
Trademark disputes like this can take months—or even years—to resolve. The U.S. Patent and Trademark Office will ultimately decide whether Earnhardt Jr.’s filing moves forward or if Jackson’s opposition holds weight. Given that both athletes have strong claims to the number in their respective sports, the most likely outcome may be a settlement or agreement allowing both to coexist.
Regardless of the legal outcome, one thing is clear: the number 8 carries serious weight in both NASCAR and the NFL. Whether on a stock car at Daytona or a jersey at M&T Bank Stadium, it remains one of the most recognizable digits in sports.
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