Dale Earnhardt Jr., Lamar Jackson in legal dispute over Number 8 trademark

Randy Sartin-Imagn Images//Tina MacIntyre-Yee/Democrat and Chronicle / USA TODAY NETWORK via Imagn Images

Dale Earnhardt Jr. and Lamar Jackson are in a legal dispute over the number 8 trademark. According to trademark attorney Josh Gerben, Esq, Jackson has taken legal action against the NASCAR legend’s attempt to trademark the number 8.

Per the Notice of Opposition, filed with the U.S. Patent and Trademark Office (USPTO), the Baltimore Ravens quarterback argues that Earnhardt’s trademark application for a stylized version of the number 8 conflicts with Jackson’s trademark rights. Jackson has trademark registrations for ‘ERA 8’ and ‘ERA 8 BY LAMAR JACKSON.’

Gerben points out what Jackson is contending. The filing says, “He is widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise.” Jackson is also contending that, “Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights.” The two-time NFL MVP believes that, “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.”

Will Lamar Jackson or Dale Earnhardt Jr. win the legal dispute?

The case will now be heard by the Trademark Trial and Appeal Board (TTAB), the administrative court of the USPTO. This will determine if Dale Earnhardt Jr. can register his logo. Gerben points out that if the case proceeds on a normal timeline, the trial would not begin until sometime in 2026. However, it’s possible the dispute could be settled before then.

This is not the first time Jackson has taken legal action against another notable athlete. Last year, former Louisville star filed a similar opposition against Hall of Fame QB Troy Aikman, who applied to trademark the word “EIGHT.” That case remains active.

Lamar Jackson has made a name for himself by wearing the No. 8 jersey for the Ravens. In his NFL career, the 28-year-old has been named to the Pro Bowl four times, selected to the All-Pro First Team three times and won the MVP award in 2019 and 2023. Jackson led the NFL in passing touchdowns in 2019 (36) and is the all-time leader in career rushing yards for a quarterback (6,173).

Dale Earnhardt Jr. is known for driving the No. 8 Chevy from 1999-2007. The 50-year-old then drove the No. 88 car from 2008-2016. In his NASCAR career, Earnhardt won 26 Cup Series races and tallied 260 top-10 finishes in 631 starts. He’s a two-time winner of the Daytona 500 (2004, 2014) and is a member of the NASCAR Hall of Fame.