Whether it is the amount of money they earn, their individual stats, or how many championships they have won, numbers are important to professional athletes. One of the most important numbers for many? The one they wear on their jersey — or, as you will see below, on the side of their stock car. 

Why?

Because often athletes become synonymous with that number. Michael Jordan is 23. Tom Brady is 12. And so on and so forth. Athletes and numbers can become so intertwined that it becomes part of their brand. A figurative — and sometimes literal — trademark. 

All of this is to provide a bit of context around the recent trademark dispute between two-time NFL MVP Lamar Jackson and NASCAR legend Dale Earnhardt Jr., in which Jackson challenged Earnhardt Jr.’s trademark application for a stylized number 8. The case offers a compelling look at the complexity of trademark law, particularly when it involves stylized numbers used as branding tools.

What You Need to Know About the Case

These are the facts that are pertinent to the clash between these two athletes:

• Jackson owns trademark registrations for “ERA 8” and “ERA 8 BY LAMAR JACKSON.”
• Earnhardt Jr., through DEJ Holdings, submitted applications for two stylized number 8 designs — one reflecting his father’s DEI legacy (Dale Earnhardt Inc.), and another newer version created for JR Motorsports.
• Jackson filed a Notice of Opposition with the U.S. Patent and Trademark Office (USPTO) earlier this year to challenge Earnhardt Jr.’s application. Jackson argued that one of Earnhardt’s designs could cause consumer confusion and potentially dilute the distinctiveness of Jackson’s brand.
• Earnhardt Jr. withdrew his application for the newer JR Motorsports version (the version Jackson opposed), publicly stating that he did not want to escalate the matter over a design that was not essential to his brand. Instead, he retained the original DEI-styled number 8, a symbol with deep roots in his family’s NASCAR legacy — and likely the one that would carry the most emotional and commercial value for his fans.

What can we learn from this?

The Importance of Protecting Your IP… and Knowing When Backing Down Is the Smarter Option

Trademark law is designed to protect marks that identify the source of goods or services. While a number by itself cannot be protected, a stylized number — say, one with distinct graphic design — can qualify as a trademark if it functions as a source identifier.

Jackson’s legal argument rested on two major points:

1. Likelihood of confusion. Consumers could mistakenly believe there is an affiliation between Jackson and Earnhardt Jr.’s merchandise.
2. Dilution by blurring. Earnhardt’s use of a similar stylized 8 could weaken the unique connection between Jackson and his “ERA 8” branding.

To prevail in court, Jackson would have needed to demonstrate that the public strongly associates his brand with the number 8 and that Earnhardt’s design was similar enough to mislead consumers. However, as is often the case in these types of matters, it never got that far. Earnhardt backed down, deciding the fight was not worth it.

Does this mean that Jackson won? Not necessarily. I would argue that they both did. Yes, Jackson was able to prevent Earnhardt from registering a stylized number 8 that Jackson believed was too similar to his. Earnhardt Jr., though, managed to avoid a prolonged and costly dispute by focusing on the version of the trademark with greater historical significance.

Which is exactly how this process is supposed to work. A Notice of Opposition is not a lawsuit, but rather an administrative process designed to resolve potential conflicts before they escalate.

In the end, both parties protected what mattered most to them. Jackson preserved the exclusivity of his “ERA 8” identity, and Earnhardt secured the rights to the number 8 design most closely tied to his family legacy. This case serves as a reminder that strong branding depends not just on legal rights, but also on strategic decisions and clarity of purpose.

Unsure how far you should take your own trademark fight? Reach out and I will be happy to discuss the matter with you .