Ravens Insider: Ravens QB Lamar Jackson files trademark opposition against NASCAR’s Dale Earnhardt Jr. over use of No. 8

[ExtremeRavens]

A trademark dispute has surfaced between Ravens quarterback Lamar Jackson and NASCAR legend Dale Earnhardt Jr., vying for the right to use the number 8.

The two-time NFL MVP is attempting to prevent the NASCAR Hall of Famer from trademarking the number for merchandising, according to a notice of opposition filed with the U.S. Patent and Trademark Office on Wednesday.

Jackson, who wears No. 8 for the Ravens, argued that Earnhardt Jr.’s trademark application for a version of the number used prominently on his race cars conflicts with his own trademark rights.

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

This is not Jackson’s first attempt to defend the use of No. 8 for trademark purposes. Last summer, Jackson’s attorneys filed a complaint to block Hall of Fame quarterback Troy Aikman from trademarking the term “EIGHT” to use on apparel. Aikman, who was inducted into the Pro Football Hall of Fame in 2006, also wore the No. 8 collegiately at UCLA and in the NFL for the Dallas Cowboys.

That case is still pending.

Trademark attorney Josh Gerben, who is not involved in this case, said most trademark disputes are settled before reaching trial. If the case proceeds on a typical timeline, a trial would not begin until mid-2026, according to Gerben.

“As a trademark attorney, you might say, ‘We need to make sure that anyone else who is using or trying to trademark the No. 8, there’s some elbow room between us and them,'” Gerben told The Baltimore Sun. “That could be, in Troy Aikman’s case, they don’t register the actual number; he has the number spelled out, or there is certain agreements on how the mark will be used in that marketplace, so it’s clear it’s related to Aikman versus Lamar … I don’t think either of these cases go to trial.”

Jackson’s attorney, Andrea Hence Evans, could not be reached for comment Friday.

Jackson currently has trademark registrations for “ERA 8” and “ERA 8 BY LAMAR JACKSON,” that adorn various products such as clothing, duffel bags, sports bags and athletic gear. Earnhardt Jr.’s application similarly seeks protection for apparel and toy products, including shirts, sweatshirts, caps, hats and die-cast cars.

In the latest notice of opposition, Jackson’s attorneys argued that he is widely associated with No. 8 because of his popularity as an NFL quarterback and the brand of his merchandise.

“Purchasers and prospective purchasers are likely to mistakenly believe that the products Applicant offers under the mark are related to the products and services provided by Opposer under the number 8 and his application and registration If Applicant’s mark is registered,” according to the filing.

Meanwhile Earnhardt appears to be forging ahead with the use of No. 8, according to his X account.

Earnhardt’s attorney listed in the notice of opposition, Lani Barnes Baxter, could not be reached for comment.

Have a news tip? Contact Todd Karpovich at tkarpovich@baltsun.com or on X as @ToddKarpovich.

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