Baltimore Ravens QB Is Suing Dale Earnhardt Jr. Over the Number 8

In the legal scrum no one saw coming, Baltimore Ravens quarterback Lamar Jackson filed a “Notice of Opposition” with the United States Patent and Trademark Office (USPTO), against Dale Earnhardt Jr. Why would the Ravens quarterback take legal action against one of the most famous NASCAR drivers in history, who retired from full-time racing years ago? It’s over the number “8.”

Jackson has had an apparel company since 2018 called “Era 8,” referencing his jersey number. And Earnhardt had filed a trademark for a stylized version of the number “8” in 2024, since that was the number of his car when he raced in NASCAR. According to WRGZ, Earnhardt had been trying to get the number’s trademark from his stepmother, Teresa Earnhardt, for over a decade. And now there’s another fight for the number from Jackson.

According to trademark attorney Josh Gerben, “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 argues that, due to his fame as one of the NFL’s most widely recognized players, customers could buy Earnhardt’s merchandise by mistake, not realizing they represent a different famous 8. Maybe an especially young kid who loves football and doesn’t know anything about NASCAR could make that mistake. Otherwise, Earnhardt’s one of the most well-known names in the history of American sports, so it’s kind of hard to see.

But this isn’t the first time Jackson has blocked a trademark for the number. Last year, former Dallas Cowboys quarterback and Hall of Famer Troy Aikman filed a trademark for a spelled-out “EIGHT,” but that was also deemed too close to Jackson’s own intellectual property. That case is still open and reportedly getting a little heated; it should make for some awkward Monday Night Football commentary next season.

Gerben seems to think that none of these parties will gain sole access to the number eight. It’s just too ubiquitous to be given to one person or company, like when the makers of Candy Crush Saga wanted to trademark the word “candy.” Everyone involved might just have to settle for their own registered trademarks, with their own twists. They’ll have to figure out a way to coexist.

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