It’s just a number. That’s what most people will think, especially when two sports legends from the NFL and NASCAR battle it out to trademark the number 8. As it turns out, ‘8’ carries a lot of weight, especially for Dale Earnhardt Jr. and Lamar Jackson, as it’s tied to their brands, merchandise, and trademarks. Given the circumstances, it’s not surprising that the two icons are facing off in what could be a high-stakes fight, as the small detail could have major consequences in the world of sports branding.
But why are either of the two sporting legends passionate about this number? And where does Kyle Busch come into the picture? Let’s break down the underlying reasons behind Lamar Jackson’s ‘Notice of Opposition.’
Dale Earnhardt Jr. to battle it out with Lamar Jackson
Dale Earnhardt Jr’s career is synonymous with the No. 8 Chevy. The racer began his NASCAR career at his family-run Dale Earnhardt Inc., making a name for himself in the stock car racing world with the iconic number plastered on the side of his car for the first nine years of his career. The red Budweiser Chevy was one of the most instantly recognizable cars on the grid, and became the go-to collectors item in the die-cast toy car category, featuring in posters and various merchandise as well. It’s a part of the veteran racer’s legacy.
But it seems like Dale Earnhardt Jr’s attempt to trademark the stylized version of the number 8 is clashing with NFL superstar Lamar Jackson’s trademark registrations for ‘ERA 8’ and ‘ERA 8 BY LAMAR JACKSON.’ The Baltimore Ravens quarterback has filed a Notice of Opposition with the U.S. Patent and Trademark Office on April 2nd, arguing that there is a violation of his trademark rights with Dale Jr.’s application, which also seeks protection for toy products and apparel.
In the world of sports branding and trademarks, numbers, logos, and symbols are considered valuable intellectual property. For Lamar Jackson, 8 is more than just a number that’s featured on his jersey. His ‘ERA 8’ brand features athletic gear, a clothing line, and duffel bags. The same can be said about Dale Earnhardt Jr., who aims to build a brand with the iconic number featured on all the merchandise. Thankfully, Kyle Busch is not involved in the ongoing legal battle, even though he drives the No. 8 Chevy for Richard Childress Racing. Rowdy doesn’t have a brand featuring the number 8, keeping him away from the ongoing trademark drama.
DAYTONA, Fla. — The driver of the Air Force NASCAR car No. 21, Ricky Rudd, held off the challenge of No. 8 Dale Earnhardt Jr. during the running of the Gatorade 150 held here Feb. 17. Mr. Rudd, who finished in 5th place, will start in the 11th position for the Daytona 500, which will be held here Feb. 20. (U.S. Air Force photo by Larry McTighe)
Junior’s team will now proceed towards the Trademark Trial and Appeal Board, which will decide if the NASCAR veteran can register his logo. It’s not the first time Lamar Jackson has filed a ‘Notice of Opposition’ as last year, he battled it out with Hall of Fame quarterback Troy Aikman, who tried to trademark the word ‘EIGHT.’ As things stand, the case remains active even today. The most likely scenario in such a situation for Dale Earnhardt Jr., Lamar Jackson, and Troy Aikman is that all three athletes will be forced to coexist in the trademark register, each having slightly different approaches to their brand.
Teresa Earnhardt and Dale Jr.’s iconic feud over the No. 8
It’s no secret that Dale Earnhardt Jr. and Teresa Earnhardt have not always seen eye-to-eye. The veteran racer’s stepmother has held on to the Dale Earnhardt Inc. trademark for the No. 8 for years, until it eventually expired on June 3, 2024. After Junior left his family-owned team in 2007, he wanted to continue his family tradition and use the iconic number. However, the Intimidator’s widow refused to let him take the number, font, or anything else when he eventually left the team on bad terms.
Now that the trademark has expired, Dale Earnhardt Jr. has reclaimed the #8 and its associated font, which is being used by JR Motorsports’ Sammy Smith in the Xfinity Series. Sharing his plans for the number, Junior said, “I would not be interested in spamming the NASCAR ecosystem with vintage, retro 8 gear. I know that there are fans that would like to have some things, so maybe would do a small batch of select – one shirt, one hat. Just figure out something sort of nice and tasteful.”
Junior also reprised the number 8 in 2024 during a drive at Florence Motor Speedway, which thrilled fans. The legend sat in his iconic Budweiser #8 one more time after getting the trademark expired. Junior put on a drive for the ages as well, running as high as 2nd place with 31 laps to go, until a broken fuel pump ended his night.
Despite being the Intimidator’s son, Dale Jr. has had to fight for what he wants in his career so far. Whether carving his place in the NASCAR world or taking control of an iconic number featured on his car right from the start. The ongoing legal battle with Lamar Jackson is another hurdle that the racer hopes to overcome as soon as he can. As far as the NASCAR community is concerned, the number belongs to Junior. It always has and always will.
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