Baltimore's Lamar Jackson is on defense. The superstar quarterback is trying to stop NASCAR legend Dale Earnhardt Jr. on the goal line from running away with the number 8.
Jackson has filed a notice of opposition with the U.S. Patent and Trademark Office (USPTO) on Wednesday, April 2nd, according to Washington, D.C.-based law firm Gerben IP.
In it, Jackson says Earnhardt Jr.’s trademark application for a different version of the number 8 is encroaching on his trademark rights around the same number.
According to Gerben IP Jackson, he states that
- He is widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise.
- Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights.
- 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.
In addition, Jackson's brand 'ERA 8' is plastered on clothing, duffel bags, sports bags, and sports apparel.
On the other side of the track, Earnhardt Jr. wants his trademark of 8 to cover gear and toys not limited to die-cast cars.
Jackson's legal team says this will confuse potential customers.
Trademark attorney Josh Gerben believes while Jackson or Earnhardt Jr. can't claim sole possession over the number 8, both trademarks can co-exist by simply being branded differently.
