Bob Pockrass
FOX Motorsports Insider
Dale Earnhardt Jr. once co-wrote a book titled “Driver #8,” but another famous No. 8 — Baltimore Ravens quarterback Lamar Jackson — is challenging Earnhardt’s race team’s ability to trademark a No. 8.
An Earnhardt company, DEJ Holdings, applied to trademark two stylized No. 8s last year. One was the version that Earnhardt used when driving for Dale Earnhardt Inc. (owned by Earnhardt Jr.’s stepmother, Teresa) and another version, which is currently used by Earnhardt’s JR Motorsports.
The bolder, slanted version — the one Earnhardt Jr. made famous during his formative years as a driver — has gone unchallenged. But the simpler one that JR Motorsports uses was challenged by Jackson, who holds the trademark to Era 8 By Lamar Jackson.
The U.S. Patent’s Office Trademark Trial and Appeal Board will conduct proceedings to determine if Earnhardt can trademark the No. 8. If the appeal board denies Earnhardt the trademark and then he uses it for merchandise purposes (Jackson’s mark is for backpacks, apparel, etc.), then Jackson could sue Earnhardt for trademark infringement.
The trademark review for a challenge takes more than a year. Jackson’s filing with the trademark office says the JR Motorsports number is much like his uniform number, which can create confusion.
“[Jackson] has expended considerable time, effort, and expense in promoting, advertising, and popularizing the number 8 in connection with his personality and fame … with the result that the relevant purchasing public has come to know, rely upon, and recognize [his] trademarks as very strong indicators of the source of [his] products provided in connection with his marks,” the filing states.
Bob Pockrass covers NASCAR and INDYCAR for FOX Sports. He has spent decades covering motorsports, including over 30 Daytona 500s, with stints at ESPN, Sporting News, NASCAR Scene magazine and The (Daytona Beach) News-Journal. Follow him on Twitter @bobpockrass.
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