Baltimore Ravens quarterback is filing a lawsuit against Dale Earnhardt Jr. regarding the number 8.

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      In an unexpected legal dispute, Baltimore Ravens quarterback Lamar Jackson has submitted a “Notice of Opposition” to the United States Patent and Trademark Office (USPTO) against Dale Earnhardt Jr. Why would Jackson, the Ravens quarterback, pursue legal action against one of the most renowned NASCAR drivers, who has been retired from full-time racing for years? The issue revolves around the number “8.”

      Jackson has owned an apparel brand called “Era 8” since 2018, referencing his jersey number. Earnhardt, on the other hand, applied for a trademark of a stylized version of the number “8” in 2024, as it was the number associated with his NASCAR car. WRGZ reports that Earnhardt has been attempting to obtain the trademark from his stepmother, Teresa Earnhardt, for over ten years. Jackson's opposition adds another layer to the dispute over the number.

      Trademark attorney Josh Gerben states that “Earnhardt’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.”

      Jackson’s legal team contends that, given his status as one of the NFL's most recognizable players, consumers might mistakenly purchase Earnhardt’s merchandise, unaware that it represents a different famed “8.” This could especially apply to younger football fans who may not know much about NASCAR. Nevertheless, given Earnhardt's recognition in American sports, this confusion may be hard to comprehend.

      This isn’t Jackson’s first instance of blocking a trademark for the number. Last year, former Dallas Cowboys quarterback and Hall of Famer Troy Aikman applied for a trademark for the word “EIGHT,” but that was also considered too similar to Jackson’s intellectual property. This ongoing case is reportedly becoming tense and could lead to some awkward commentary during Monday Night Football next season.

      Gerben believes that none of these parties are likely to obtain sole rights to the number eight. Its prevalence makes it unsuitable for exclusivity, similar to when the developers of Candy Crush Saga attempted to trademark the word “candy.” All parties involved may need to settle for their own registered trademarks, each with unique variations, and find a way to coexist.

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