What happens when two great NFL quarterbacks, both of whom have worn (or continue to wear) the No. 8, both want to trademark the use of said number?
It’s not a trick question.
You’ll end up with a dispute and possible future legal action.
That’s what is going on now between Ravens quarterback, and reigning NFL MVP Lamar Jackson, and former Cowboys quarterback, and NFL Hall of Famer, Troy Aikman. Both QBs have worn the number 8 for most of their lives, including Aikman at UCLA and Jackson at Louisville.
Both are well known for wearing the No. 8, and perhaps no two NFL quarterbacks are more synonymous with sporting the number than Aikman and Jackson (with the possible exception of Steve Young).
But does either “own” the No. 8?
According to ESPN, Jackson is challenging Aikman’s use of the No. 8 in a U.S. Patent and Trademark Office complaint, according to federal records.
“Jackson, who owns or has applied for several trademarks using the number in various phrases, says Aikman’s attempt to use ‘EIGHT’ on apparel and bags would be ‘likely to cause confusion, or cause mistake, or to deceive’ the purchasing public as to whether they’re buying products from Jackson or Aikman’s company,” notes ESPN.
Further, “Jackson ‘has expended considerable time, effort, and expense in promoting, advertising, and popularizing the number 8 in connection with his personality and fame’ and ‘is well-known by this number due to his notoriety and fame, along with his promotion of this number in his trademarks and in media coverage,’ according to the appeals.”
Can you even “own” the No. 8?
Lamar Jackson’s attorney notes Jackson has applied for trademarks on the phrases “Era 8 by Lamar Jackson,” “Era 8,” “You 8 yet?” as well as a logo of a “stylized wild dog” over a shield with “2018 Era 8 by Lamar Jackson 2018” around the dog. The attorney further claims these filings were made before Aikman’s “Eight” and that the products from Aikman’s company are “highly similar in sound, appearance, connotation, and commercial impression” to Jackson’s trademarks.
The article goes on to quote Christine Farley, a law professor and intellectual property expert at American University, who says, “The truth is you can own almost anything you think of as a trademark. You can own a smell. You can own a sound. You can own a single color. You can own a single number.”
Accordingly, it will be incumbent upon Aikman’s attorneys to successfully argue that “consumers would not be confused by the presence of a number when it comes to purchasing a product.”
“Jackson has filed two appeals to the trademark office against FL101, a company that lists Aikman as one of its directors in SEC filings, targeting its use of ‘Eight’ on apparel and bags. FL101 is listed as the owner of nine trademark applications for the use of ‘Eight’ on a variety of consumer products, including beer, beach towels and energy drinks.”
FL101 will need to file a response to Jackson’s complaints by August 18th, so it looks like there will be some resolution to the dispute in the near future.
This may all seem like petty stuff, but in this day and age, protecting one’s “brand” is big business. It may not seem like the public would confuse Jackson’s clothing line with Aikman’s beer, but it’s more than about the individual products. Whether they can coexist peacefully will now be up to the US Patent Office to decide.
By the way, this isn’t the first time Jackson has battled over trademark issues. In 2020, New Era Cap Company filed oppositions at the Trademark Trial and Appeal Board to NFL quarterback Lamar Jackson’s bids to register “Era 8″ and “Era 8 by Lamar Jackson” trademarks for clothes, shoes, and athletic bags. He also sued Amazon that same year claiming Amazon had unlawfully infringed on his right of publicity in connection with alleged “false advertising and endorsement of unlicensed and infringing articles of clothing.” These clothing items incorporate names and slogans that are commonly associated with Jackson (“LaMarvelous,” “Action Jackson,” “Not Bad for a Running Back,” and “Quarterback #8”). Following Jackson’s suit, those items were taken down from the online retailer’s website.
[My thanks to Paul and Ron Ruelle for bringing this article to my attention]
This is comically stupid. Sheesh, get over yourselves, guys.
Gr8 analysis!
The thought that Lamar has more claim to the number 8 than Aikman is truly laughable.
The thought that anyone has claim to a number is laughable.
What about Jackie Robinson? he is basically connected with the number 42
Cal Ripken would like a word with both of them.
I understand the argument being made, but this is just silly. Unless there’s some other obvious visual link to either person, I would not confuse “8” or “Eight” with either one of them, or likely even make the connection (particularly in the case of the beer can). What a heap of BS. Maybe the ghost or Ray Guy needs to step in here as well.
Isn’t Ovechkin The Great Eight?
This is…So dumb.
Wondering if you watch Shoresy? “So Dumb!”
‘Shorsey’ is awesome-sauce – “Good cuz’ you’re goin!!!”
Theresa Earnhardt could not be reached for comment.
I have no dog in this fight, but I tried Eight beer on a recent trip to Dallas was surprised that it was actually pretty good.
Wasn’t it TB12 who said he’d have problems with a linebacker wearing a single digit or non50 number?
What does that have to do with this?
I thought it fit in a discussion of numbers and trademarks.
This is easily solvable. With millions paid to attorneys….
Actually, in 1965, I claimed the number 8 for myself in pre-school, when I grabbed a foam-rubber “8” and loudly exclaimed “This is MINE! FOREVER AND EVER, NO GIVEBACKS, NO QUITSIES!”
I consider that a legal claim and demand that Aikman and that other guy cease and desist immediately.
I support this logic. You win.
Copyright law is so weird. In music college, I had a teacher that use his own example of how he successfully sued the singer Fish as the attorney for the band Phish in the early ’90s. This 8 vs Eight issue seems annoyingly similar. He said the phonetics, not the spelling, is what he fought for. There was a later appeal, and now the singer Fish can put out records in the states. Good grief…!
Awaiting comment from THE Ohio State University.
They’re too busy trying to come up with a new batch of excuses in case Michigan stuffs them in a trash can for the fourth consecutive season.
Speaking of trademarks, is Uni Watch making sure Judge Judy gets her royalties for that headline?
I own the moon
Hey, bud…ya wanna buy an eight?
link
This is really stupid.
Aikman’s uniform at UCLA looked way better than Jackson’s at Louisville, so Aikman wins. The court has spoken. (Plus, Aikman’s beer can design is terrific, so he deserves to win.)
Maybe when Jackson catches Aikman in Lombardi trophies he can re-file his claim.
Maybe Lavar can come back and knock him out of football as well.
The trademark office missed a big opportunity by not making the deadline August 8 for responding to the complaint.
Typo – “auarterback” .
Ugh. Good catch. Now fixed.
I watch football all the time and had no idea either of them were number 8. I couldn’t stand the Cowboys when Aikman played.
Magic 8 ball (see what I did there?) says…”Reply hazy, try again”
If I see a piece of clothing on a rack in a store that says ERA 8 I would not immediately think of Lamar Jackson as he would want everybody to believe. I would think of a bad pitcher.
Lamar has always seemed like a whiner to me. He should worry more about actually winning a playoff game. His team has been favored often in the playoffs and he usually comes up short. Regarding the lawsuit, Troy seems to have the right attitude. I saw him tweet something along the lines of “Let’s have an Eight Beer and talk this over.”
Grown up men arguing over a number that has been around forever. It is like Microsoft, Google or Apple suing the Weather Bureau over the use of the name clouds. Also: what defines you as a human being or even as an athlete? Only a digit? That is kind of sad.