The No. 8 has been well known among many athletes in sports that donned the number. Baltimore Ravens star Lamar Jackson has taken his association with that number to another level.
Jackson’s attorneys filed a notice of opposition with the U.S. Patent and Trademark Office this week against NASCAR Hall of Famer Dale Earnhardt Jr. for a pending trademark claim by JR Motorsports (the NASCAR team Dale Jr. owns) over a style usage of the No. 8.
“Earnhardt Jr.’s mark falsely suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the No. 8,” Jackson’s team said in the notice of opposition.
Jackson’s notice of opposition isn’t challenging Junior for the style of the No. 8 he made famous in the early 2000s, but a different number style that is in a different font. The reason the claim was made by Jackson’s team was because it conflicts with the two-time NFL MVP quarterbacks “Era 8” brand. If that No. 8 is granted to Dale Jr., Jackson’s team suggests it would “create a false suggestion of a connection” with Jackson.
Dale Earnhardt Jr. responded with a statement on the matter, saying he will use his stylized No. 8.
The stylized No. 8 Dale Jr. used on his NASCAR Xfinity Series car (driven by Sammy Smith) is the same style as the No. 8 Junior used when he drove for Dale Earnhardt, Inc. (DEI) from 1999 to 2007 in the NASCAR Cup Series. Dale Jr.’s father, Dale Earnhardt, owned the team until his death in 2001 and Junior’s stepmother, Teresa Earnhardt, took over the team.
Due to differences with his stepmother, Dale Jr. left DEI to join Hendrick Motorsports after the 2007 season, as Teresa held the trademark rights to the No. 8. DEI held the rights to that style use of the number, even after the team shut down. Last year, Teresa let the rights expire — which has allowed Dale Jr. to race the No. 8 in that style. Dale Jr. has also made a trademark claim for that style of No. 8, which is where Jackson comes in.
While Jackson has won two MVP awards wearing the No. 8, Dale Jr. has been successful when he drove using the number. Junior secured 16 of his 26 Cup victories in the No. 8 from the nine seasons he drove for DEI. He also was NASCAR’s Most Popular Driver for 15 consecutive seasons from 2003 to 2017 — the year Junior retired from driving. Dale Jr. is arguably the face of NASCAR even in his retirement, as his “Dale Jr. Download” podcast is one of the most popular forms of media in the sport.
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