It’s getting to the point in NASCAR where appearing in court is becoming almost as frequent as appearing in victory lane. The latest court case of note involves NASCAR Hall of Famer and broadcast analyst Dale Earnhardt Jr.
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NFL quarterback Lamar Jackson is suing Junior over the use of #8, which Earnhardt is attempting to trademark. Dale Jr. had used #8 on his race car before moving to Hendrick Motorsports in 2008 and switching to #88. His stepmother and widow of the late Dale Earnhardt, Teresa Earnhardt, owned the rights to #8 before she agreed to sell them to Dale Jr. in May 2024.
In his lawsuit, Baltimore Ravens quarterback Jackson claims he already owns trademark registrations for ‘ERA 8’ and ‘ERA 8 by Lamar Jackson’, which cover goods ranging from clothing, duffel bags, and sport bags, to athletic gear.
Earnhardt’s trademark application reportedly seeks protection for apparel and toy products, including popular die-cast cars. Jackson’s legal team claims consumers may be confused about which goods belong to Earnhardt or Jackson.
Jackson argues in his lawsuit that he is widely associated with the #8 for both his reputation as a player in the NFL as well as the branding of his merchandise. Jackson claims Earnhardt’s trademark application could falsely imply a connection between the two athletes and infringe on his established rights.
Jackson’s suit also claims prospective purchasers of products linked to Earnhardt could get confused with products and services linked to the quarterback.
The lawsuit will now go before the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board, which likely will have the final say on whether Earnhardt’s application, particularly for the #8 logo to be used on race cars, will be approved or not.
Junior has plans to use the number in Late Model races that his team, JR Motorsports, will enter. There’s no word on whether Earnhardt will attempt to bring that number back to the NASCAR Cup ranks, since he does not field any cars in that series.
It’s likely a trial would not be held until at least mid-2026, which could allow both sides to reach an out-of-court settlement first.
Earnhardt isn’t the only sports great Jackson is suing
Jackson has a similar lawsuit against NFL Hall of Fame quarterback Troy Aikman, who sought a trademark for the word “EIGHT” last year.
He has filed two appeals to the trademark office against FL101. Aikman is listed as one of the directors of the company, which uses ‘Eight’ on a variety of consumer products, including beer, beach towels, bags, apparel, and energy drinks.
Just like Jackson now at Baltimore, Aikman wore No. 8 during his 12-season career with the Dallas Cowboys. Aikman, a Monday Night Football analyst for ESPN, also wore No. 8 at UCLA, while Jackson wore it during his college career at Louisville.
That case remains mired in litigation, with a court case likely if agreements on settlement and discovery discussions cannot be reached.
Although it is not part of the Earnhardt vs. Jackson suit, NASCAR itself is locked into a contentious legal battle with two Cup teams, 23XI and Front Row Motorsports, which are both challenging the promotion’s charter system.
