Fact Check: Did Lamar Jackson Withdraw No. 8 Trademark Challenge Without Troy Aikman’s Consent?

Claim: Last week, Lamar Jackson withdrew his challenge of Troy Aikman’s trademarks centered on the No. 8. The withdrawal reportedly came without the consent of Aikman’s team.

Jackson’s challenge of Aikman’s trademarks, which the three-time Super Bowl champion and NFL Hall of Famer filed for in April 2024, lasted for more than a year.

Verdict: Yes, Jackson did withdraw his challenge without Aikman’s consent, per ESPN, which pulled records from the U.S. Patent and Trademark Office. It also came “with prejudice.” Josh Gerben, a trademark attorney at Gerben Law, described the move to ESPN.

“Lamar is withdrawing this saying it’s with prejudice, meaning I can never file this again, and I’m not even having the consent of the defendant.” 

ESPN reached out to both Aikman’s and Jackson’s attorneys for comments on the news. Jackson’s attorneys did not immediately return comment. Aikman’s attorney, Brad D. Rose, spoke on the matter via email with ESPN.

“The withdrawal of Mr. Jackson’s oppositions was voluntarily done by Mr. Jackson in the wake of some TTAB decisions that have gone against him. In my view, these “with prejudice withdrawals” are an acknowledgement that Mr. Jackson’s claims were an overreach and should never have been brought in the first place.”

Jackson’s withdrawal enables Aikman’s company, FL101, to use the markings it applied for. Their filing involved the usage of “‘EIGHT’ on a variety of items — including apparel, beer, beach towels, bags and energy drinks,” according to ESPN. Aikman suggested he and Jackson arbitrate Jackson’s initial challenge over beers shortly back in 2024.

Hey Lamar – looks like a worthy conversation over a couple cold EIGHT beers! Maybe Steve Young can arbitrate?? https://t.co/rPLVThmSMg @Lj_era8 @SteveYoungQB @drinkeightbeer @espn pic.twitter.com/M0aDiYka2J

— Troy Aikman (@TroyAikman) July 20, 2024

With this behind them, both Aikman and Jackson can focus on their current NFL responsibilities. Aikman is embarking on another season as ESPN’s Monday Night Football analyst. Jackson, meanwhile, is seeking his first Super Bowl victory. They’ll cross paths when the Baltimore Ravens host the Detroit Lions on MNF in Week 3.