Lamar Jackson, the Baltimore Ravens’ superstar quarterback, has become embroiled in a trademark controversy. He’s going head to head against NASCAR royalty Dale Earnhardt Jr. The dispute stems from the rights to a special form of the numeral eight. Jackson has made a big deal of featuring this stylized version on his apparel, footwear and headwear. The case presents interesting questions on branding and consumer confusion, particularly in today’s competitive and often chaotic stadium, arena, and sports merchandising environment.
Earnhardt Jr. as the former NASCAR star recently filed an opposition claim with the U.S. Patent and Trademark Office. He wants Jackson barred from using the stylized No. 8. Earnhardt’s own position that his short-lived attempt to trademark the number would create consumer confusion is thus self-defeating. Most of us could connect that number with both athletes. Jackson is no stranger to controversies. He’s done so before against other athletes seeking to obtain such trademarks.
Jackson has worn the No. 8 on his uniform since his college years at Louisville. To this end, he is continuing out in front with his trademark offensive. In the past he’s trademarked “ERA 8 by Lamar Jackson,” all of which helps him build that brand identity focused on that numeral. In fact, he challenged Hall of Fame quarterback Troy Aikman’s attempts for the right to use “EIGHT” on clothing and backpacks.
The trademark review process is long, usually taking over a year to help solve challenges like these. Specifically, Jackson’s filing argues that Earnhardt’s claim is confusingly deceptive to consumers, causing a strong likelihood of confusion between the two brands.
“We’re going to keep this about football. That’s outside noise. We’re sticking with [talking about training] camp, football, and that’s it.” – Lamar Jackson
Even as the dispute continues, both athletes are setting their sights on what’s next. Even with the turmoil off the field, Jackson’s commitment to the game has never wavered. His commitment to keeping his brand distinct from Earnhardt’s is the most admirable. This decision reflects a larger trend in the sports world where branding and personal identity are increasingly intertwined.
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