Dale Earnhardt Jr. faces legal opposition from NFL player in trademark dispute

UPDATE: 

Dale Earnhardt Jr. has now secured the rights to a stylized 8, distancing himself from trademark dispute. 

Baltimore Ravens quarterback Lamar Jackson is taking legal action against NASCAR legend and Hall of Famer Dale Earnhardt Jr. as he attempts to block the trademark of the number eight.

The two-time NFL MVP has filed a Notice of Opposition with the U.S. Patent and Trademark Office as of 2 April after Earnhardt attempted to use the term to brand apparel, merchandise, and toys such as diecast car models. On top of this, he wants to use it in Late Model races under his team, JR Motorsports. 

The clash stems from Jackson's use of the same number in his Era 8 apparel brand, and of course, on the football field.

“(Earnhardt Jr.’s) mark falsely suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the number 8,” the filing reads, according to The Athletic. 

"Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights."

Hall of Famer and JR Motorsports team owner, Dale Earnhardt Jr.

Photo by: James Gilbert / Getty Images

Following this, the case will head to the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board. It's here that this could be approved, though legal proceedings of this type can take a long time. However, it's likely the driver will have his trademark confirmed. 

Jackson is also involved in a separate dispute over the use of the word "EIGHT" by NFL Hall of Fame quarterback Troy Aikman.

Earnhardt's association around the number eight runs a number of decades. Driving the #8 Budweiser Chevrolet from 1999 to 2007, he collected 17 wins, including a 2004 win at the Daytona 500. Earnhardt’s stepmother, widow of Dale Earnhardt, sold her stepson the rights to the number 8 in 2024.