Baltimore Ravens quarterback Lamar Jackson is in another trademark dispute, this time with someone outside the football space.
According to trademark attorney Josh Gerben, Jackson has filed a “Notice of Opposition” against Dale Earnhardt Jr., as the NASCAR legend is reportedly looking to trademark a stylized version of the number 8. In the notice, filed to the U.S. Patent and Trademark Office on Wednesday, Jackson argues that Earnhardt’s trademark application conflicts with his trademark rights.
Jackson has trademark registrations for both “ERA 8” and “ERA 8 BY LAMAR JACKSON,” which cover items such as clothing, sports bags and more. Earnhardt’s application seeks to cover similar items, which Jackson argues would cause confusion for consumers.
Jackson also argues that he is “widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise,” and that Earnhardt’s registration could “falsely imply a connection between the two athletes.”
Gerben notes that the opposition will proceed before the Trademark Trial and Appeal Board, the USPTO’s administrative court. The proceeding will determine if Earnhardt can register his logo, but TTAB can not restrict him from using it, nor can it award damages to Jackson. A formal trial would reportedly not begin until around the middle of 2026, but most disputes are resolved before trials begin.
As previously mentioned, this isn’t the first time Jackson has been involved in a trademark dispute with a sports icon. Last summer, he took action against Dallas Cowboys Hall of Fame quarterback Troy Aikman, similarly arguing that consumers would confuse the two brands.
As for how the situation could be resolved, Gerben offered his personal outlook on that as well.
“In my view, none of the athletes are likely to gain exclusive control over the standalone number 8—a commonly used and highly diluted symbol in the world of sports and merchandise,” Gerben wrote. “Ultimately, Jackson, Aikman, and Earnhardt Jr. will likely all get their registrations and coexist on the trademark register, each with slightly different branding approaches.
“Jackson’s legal efforts against Aikman and Earnhardt Jr. appear to be part of a broader, proactive legal strategy—an effort to carve out space for future brand expansion, partnerships, or licensing opportunities tied to his ‘ERA 8’ identity.”