r/NASCAR • u/CNASFan1992 • 2d ago
Lamar Jackson Files Trademark Opposition Against Dale Earnhardt Jr. Over Use of the Number 8
https://www.gerbenlaw.com/blog/lamar-jackson-files-trademark-opposition-against-dale-earnhardt-jr-over-use-of-the-number-8/882
u/BabycakesMurphy Ryan Blaney 2d ago
In the filing, Jackson contends that:
He is widely associated with the number 8 due to his prominence in the NFL and the branding of his merchandise.
Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights.
Purchasers and prospective purchasers are likely to mistakenly believe that the products Earnhardt Jr. offers are related to the products and services provided by Jackson.
Hilarious.
I mean he's not even the only NFL QB starter in the league to wear number 8. Oh shit is that Aaron Rodgers on the Ravens or Lamar Jackson or Dale Jr. I can't tell!
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u/DrewCrew62 2d ago
Also wasn’t one of Kobe’s NBA numbers 8? Is he gonna sue his estate next?
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u/NatalieDeegan NASCAR 2d ago
Don’t forget Alex Ovechkin, who is going to get the goal record in the NHL soon, his nickname is “the Great Eight”.
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u/DrewCrew62 2d ago
Fellow DMV athlete too. How has he not gone after him yet?
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u/NatalieDeegan NASCAR 2d ago
I don’t even think Lamar is the most famous 8 in Baltimore sports yet, Cal Ripken Jr still holds that for a couple more decades at least.
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u/Revan_84 2d ago
Exactly. I'm a Baltimore native and Lamar ain't at that level. I see 23 I think Jordan. I see 52 I think Ray Lewis. I see 8 I still think Ripken. And thats not even nationally, thats as a home team Lamar fan. So if I'm not in Lamar's bag, how he think the rest of the country would be enough to win this lawsuit?
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u/DrewCrew62 2d ago
True. Lamar’s a really good player and fun to watch, but dudes got a very inflated sense of importance
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u/Shiny_Mew76 Kyle Busch 2d ago
Alex Ovechkin is the greatest #8 of all these guys aside from Jr if I’m being honest, and in terms of success, I’d argue he’s had more success than Jr.
The fact that some random athlete thinks he owns the number 8 in sports when the NHL is marketing an entire campaign around the number for Ovi and Jr used the number for many years is just absurd.
Jr should absolutely be allowed to use the number.
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u/Andrew_P_88 Bayne 2d ago
82 is the number I use on iRacing. Does this mean I can sue Kotkaniemi over it?
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u/HuskerDont241 2d ago
No, his estate will go after Jeff Gordon and Hendrick Motorsports for using the number 24.
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u/GrimeyScorpioDuffman 2d ago
Yeah I know I often get confused and think Dale Jr is QB for the Ravens
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u/multiple4 2d ago
Is he knowingly reaching for personal gain?
Does Lamar Jackson think his fans are all total fucking morons?
Or is he actually stupid enough to believe his own bullshit here?
What a ridiculous basis for a lawsuit
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u/bhorstman21 2d ago
I mean, this IS Lamar we're talking about. He's not known for being a smart man..
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u/Nagiom 2d ago
It kinda makes me think that there's someone in his camp that sees an opportunity for some easy legal fees regardless of the chance of success.
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u/Andri753 Larson 2d ago
if his contract negotiations with Ravens can be the example i'm sure "his camp" were only consist of himself
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u/SSPeteCarroll 2d ago
Does Lamar Jackson think his fans are all total fucking morons?
They are Ravens fans
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u/0neshoein 2d ago
Troy Aikman!
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u/clark_peters 2d ago
He has a similar situation currently going on with Aikman ... Lol.
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u/Doucejj 2d ago
Earnhardt Jr.’s registration could falsely imply a connection between the two athletes and infringe on his established rights.
It's a number. Is Lamar going to sue my elementary school math class too?
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u/Morgus_TM 2d ago
Earnhardt’s trademark isn’t even for the number, it’s for the specific design of the font when used with the number 8. It doesn’t apply to all 8s. Lamar is dumb.
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u/tiggerlgh 2d ago
I can’t wait for Dale and Troy to countersue that it was their number first and they win. I just feel bad for both of them that they have to deal with this lawsuit
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u/Unhappy_Plankton_671 2d ago edited 2d ago
Pretty sure they’d think of Mark Brunell
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u/Cheese_Sleeze Logano 2d ago
Someone must have told him they love Jr too when looking at his merch.
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u/theunquenchedservant 2d ago
I'm a huge Ravens fan, a huge lamar fan.
I do not associate 8 with Lamar. When I see god like moves? Yea I think of Lamar
When I see the number 8? Jr.
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u/Sportsguy1993 2d ago
He's not even the best 8 in the NFL, he's still got a long way to go to catch up to Young. I like Lamar, but this is a joke.
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u/WhoDat824 2d ago
Is this a late April Fool's joke or something? Because it isn't funny
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u/TrunkBud 2d ago
According to the same website, on March 25, Lamar Jackson also went after Troy Aikman over the number 8. This would be incredibly silly if true.
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u/Rstuds7 Preece 2d ago edited 1d ago
no major journalism publication is reporting it so i wouldn’t be suprised if its bs
edit: alright now it legit. this still feels like an onion article headline
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u/Good-Cardiologist121 2d ago
Not bullshit if you follow the links. https://ttabvue.uspto.gov/ttabvue/v?pno=91298056&pty=OPP&eno=2
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u/Whatchamacallit816 2d ago
Even funnier when you read it! He’s not even going after the DEI 8, it’s the JRM font.
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u/Good-Cardiologist121 2d ago
Thank you for the cliff notes version. After verifying authenticity my eyes rolled too hard to actually read it.
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u/squadracorse15 2d ago
The article was published today, so I can't tell. This would be one of the dumbest lawsuits ever if not. That shit would rightfully get thrown out immediately. There's just no way it could hold up without opening a MASSIVE can of worms over numbers in sports. Not to mention, Jr was running the 8 for DEI when Lamar was in kindergarten. Even if this did somehow go all the way to the courtroom, the judges would likely side with Jr. because he was using the number long before Lamar was even remotely relevant in the sports world.
I know I'm overthinking all of this, but it was crazy enough to make me actually think about it lmao
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u/TheMoonIsFake32 2d ago
He should sue Kyle Busch, RCR, and every single athlete in every sport who wears the #8. Obviously people will get them confused with Lamar Jackson.
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u/ErokAB03 Blaney 2d ago
Next itll be Jackson vs Ovechkin.
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u/Puppybl00pers 2d ago
Jackson vs Lane Thomas (Cleveland Guardians, MLB)
Jackson vs Kyle Busch (Richard Childress Racing, NASCAR)
Jackson vs 8 man rowing (Summer Olympics)
Jackson vs Nick Castellanos (Philadelphia Phillies, MLB)
Jackson vs Eminem (8 Mile)32
u/mkelley22 Berry 2d ago
Castellanos will hit 5 homers in a single game if that happens 😭😭😭
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u/ReSirum 2d ago
Lamar will file the lawsuit during a game and as soon as he does, Nick will hit the biggest homer ever
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u/JoseyWalesMotorSales Roberts 2d ago
"And I often think of myself as a man of faith...as there's a drive into deep left field by Castellanos."
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u/joshhayes_15 2d ago
That's Cardinal legend Lane Thomas if you fancy.
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u/SixPointTwoLiter Chastain 2d ago
That's actually still Guardians legend, absolute Lane Train big nuts in the playoffs Lane Thomas to you
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u/tinmanjoshua Zane Smith 2d ago
Is he gonna take action against soccer for using the number 8 to refer to a specific position on the field?
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u/Kyouya_yume 2d ago
Can't wait to see Jackson vs Kyffin Simpson/Chip Ganassi for using 8 in Indycar
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u/7Stringplayer 2d ago
Alex "The Great
8redacted for legal purposes by the attorneys of Lamar Jackson" Ovechkin.4
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u/bluedevilspiderman Bubba Wallace 2d ago
He might get run out of Baltimore if he even tried going after Cal Ripken Jr for the number 8 lol
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u/Milla4Prez66 2d ago
I for one can not tell the difference between Kyle Busch and Lamar Jackson
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u/nascarfan624 2d ago
He needs to hurry up if he sues Ovechkin. Guys only 3 games away from breaking Gretzky's record
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u/BoukenGreen Chase Elliott 2d ago
Billable hours wins again.
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u/FarmboyCletus 2d ago
Billable Hours is a Canadian comedy series from 20 years ago. Forgot all about it haha.
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u/needlessdefiance Caruth 2d ago
They should sue u/BoukenGreen because when he uses the term “Billable hours,” people might confuse it with the Canadian comedy series from 20 years ago.
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u/venturelong Keselowski 2d ago
I was gonna say i feel like one of Lamars lawyers got this into his head to try and make some extra $ during the offseason
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u/pallepikmand Harvick 2d ago
Dont worry. Lamar is used to losing when it matters
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u/iowaman79 2d ago
I’m literally cackling over here while wearing my Mahomes shirt, thanks, I needed that
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u/ops-name-checks-out 2d ago
Josh Sweat and Cooper DeJean send their regards 😉
But joking aside, yeah, Lamar out of his mind here. He isn’t the biggest 8 in Baltimore, that’s Ripken Jr, he isn’t the best 8 to ever play QB, Aikman or Steve Young are probably the winner there, and your boy Mahomes is probably the best overall QB in the NFL right now.
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u/Squishy_20 2d ago
He’s not even the most famous Number 8 in his own region. Ovechkin is lol
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u/Madmanz1983 2d ago
Or Cal Ripken, Jr.
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u/UnderwhelmingAF Chris Buescher 2d ago
Hell, even Trent Dilfer won a Super Bowl with the Ravens wearing #8.
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u/Madmanz1983 2d ago
You know, now that I think about it, why was Trent allowed to use Lamar’s number? I’m starting to see why he’s suing everyone now.
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u/YosemiteSam-4-2A Chastain 2d ago edited 2d ago
Teresa Earnhardt or Richard Childress had a better shot at winning a case like this against Daniel Ricciardo and Red Bull for their blatant copy of the Earnhardt/RCR 3 font from '16-'18.
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u/I_post_pics_of_beans 2d ago
Riccardo actually asked the Earnhardt family for permission to run that stylized 3. He was apparently a huge Dale Sr. fan as a kid.
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u/Comfortable_Rock4877 2d ago
Can’t believe i just learned this today.
Honestly i think it’s pretty cool that Dale’s number (or something close to it) ran on a Formula 1 car.
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u/squadracorse15 2d ago
What's even cooler is that Ricciardo chose the 3 because of Dale. Imagine making something like that a civil offense. Not even the Onion could make that shit up lol
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u/AustinJohnson35 Blaney 2d ago
Why is Danny Ric so fuckin cool and why did he have to turn into a pumpkin so quickly
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u/Phenomenal_Hoot 2d ago
This is absurd. That 8 was everywhere when Lamar was in diapers.
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u/TurtleRocket9 Harvick 2d ago
Lamar Jackson is a doofus, no one is confusing him for Dale Jr. People like Dale Jr. The only person who may confuse merchandise for the two is the shipper at fanatics
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u/ScottyEs_burner 2d ago
I'd argue He's not even the most famous #8 in Baltimore sports history.
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u/byafender Larson 2d ago
If anyone is making the argument that Lamar Jackson is the most significant #8 in Baltimore sports history, do not take them seriously.
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u/OnePercentVisible Chase Elliott 2d ago
The only one making money off this is Lamar lawyer, who already knows he is gonna lose this case.
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u/Hedhunta 2d ago
Didnt he say he would change to 1 if he win the super bowl? Is he admiting hes giving up on winning it? Lol
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u/TampaBae 2d ago
If that's actually true, that's hilarious. Would he change it back with his tail between his legs if they don't win the next year? What is he thinking???
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u/JonnyStatic 2d ago
As #1 Lamar fan in every way, he's gonna pull a muscle with this reach. Lawyer about to make a dime for a case he will 100% lose
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u/legacy057 2d ago
I remember watching NASCAR back in 2001 and wondering if Dale Jr had some kind of connection to Lamar Jackson.
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u/BOBANSMASH51 Jeb Burton 2d ago
Jr at his peak in the 8 car is way more popular than Lamar has ever been.
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u/donmaximo62 Larson 2d ago
Also when Jr was at his peak in the 8 car the only association that Lamar had with the number 8 was his age.
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u/twiddlingbits 2d ago
That’s hilarious . You cannot trademark the actual numeral, it’s the style of the number such as color, special shape, slanting, etc. He tried do this last summer over Troy Aikman jerseys (Aikman had 8 first) and that case is still going. Aikman is pretty confident it’s noting as he came out with 8 Beer recently. Pretty sure he is going to lose both of these. No one is going to confuse Dale Jr #8 on a T-shirt with it on the Bud car with a Ravens Jersey. SMDH such an arrogant SOB, I hope his lawyer who talked him into this is taking him for millions
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u/Vulptereen327 Allmendinger 2d ago
Lamar wouldn't even have any control over that. The Ravens and the NFL own the trademarks to the team's number font and colors
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u/OnePercentVisible Chase Elliott 2d ago
Who is he gonna bring trademark claims against next Yogi Berra?
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u/TheGeauxrilla 2d ago
I heard it’s gonna be against The Count from Sesame Street.
“EIGHT! EIGHT DUMBASSES…HA HA HA!”
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u/OnePercentVisible Chase Elliott 2d ago
Maybe he will try Ovechkin aka the great 8
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u/bluedevilspiderman Bubba Wallace 2d ago
As I said in a different comment, if he tried this shit with Cal Ripken Jr, he ain’t staying in Baltimore for long. That city would turn on him quicker than Bill Elliot’s 240+mph Daytona lap lol
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u/miboyl Hamlin 2d ago
The Baltimore Ravens and their associated players continuing to be unlikable in every single way
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u/Respect_Cujo 2d ago edited 2d ago
Great, another reason to hate the dude. Even in a world we’re NASCAR is dominated by the NFL, Dale Jr’s 8 is and will forever be more iconic than Lamar fucking Jackson. He isn’t even the best quarterback to wear the 8, not even close…Troy Aikman and Steve Young.
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u/LCPhotowerx 2d ago
Evil laughs in Teresa...."You think you're going to stop this legacy i've built??!?! Hahahaha!!"
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u/ClarksonianPause 1d ago
He’s also suing Super8 Motels because of the name and how it infringes on his trademarks as well. But honestly, that’s an easier one to confuse than a NASCAR race car with a number on it.
Like the motel, Lamar claims he’s super…and like the hotel, they’re usually a massive let down that’s only found in shitty places (like Baltimore).
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u/DonkeyBomb2 2d ago
I don’t understand why someone would waste time and money on this.
Lamar, start worrying about not choking in the playoffs.
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u/tybo171 1d ago
So something that's rather important here that almost every article (with the exception of one on the Athletic) is missing is that this is NOT about the DEI 8 but rather a different 8, the one used on the Xfinity series cars. I actually followed some links and looked through the document filed by Lamar's attorney which shows the "8" in question as well as the trademarks Lamar has.
Now, I know that Lamar's clothing line isn't exactly something that's probably marketed towards me, but I've gotta say, this is the first time I've ever heard of Lamar having a clothing line like this. Now, that's not to say that really matters if he owns a valid trademark that this really does infringe upon, but I'm just laying out that I think Lamar and his team are vastly over estimating the notoriety of this brand.
In reading through the claims they are making against Jr. I don't really feel they have a very legitimate argument. The trademarks owned by Lamar seem to be far more about the "Era 8" or "Era 8 by Lamar Jackson" and then there's some logo that's primarily a dog with a pretty small 8 as part of it that looks nothing like the one Jr. is applying for.
I think the main thing to me is that it's not as though Jr. is applying for a trademark to a name that is similar to Lamar's. I think that would be a different story. Like if Jr. was applying for a trademark of the name "8 Apparel" or something like that. Jr. is applying for a "stylized number 8" according to the documents. 2 of Lamar's trademarks specifically say "consists of standard characters, without claim to any particular font, style, or color". Furthermore, the other trademark he owns is described as "The mark consists of the stylized text 2018 ERA 8 BY LAMAR JACKSON 2018 superimposed over a stylized shield. A stylized wild dog is superimposed over the shield." So as far as I'm seeing here, there's really nothing about a specific, stylized number 8 in the trademarks they own.
On top of that, some of their claims in their opposition filing just sound flat out ridiculous to me. This is a direct quote from their filing:
"Applicant’s (Jr.'s) apparel is identical and highly similar to Opposer’s (Lamar's) apparel. The toys and entertainments services in Applicant’s application are likely to travel in similar channels of trade."
I mean really? I've looked through the Era 8 apparel and I can tell you right now that pretty much everything they have that has an 8 on it says something with Era 8. To me, I've gotta put items side by side and pretty much say, "yeah those could be interchangeable for either application." That is 1000% not the case here. I mean to say JRMs apparel is identical is preposterous to me. Basically everything that JRM sells or has sold with that 8 on it has a myriad of other stuff that very obviously identifies it as being in connection with the race team and/or the specific driver of the 8 at that time. It's not like they're out there just selling shirts with only a big #8 on the front and even so, their 8 looks far different from anything I've seen with Lamar's brand on top of the fact that Lamar doesn't even own a trademark for any stylized number 8.
Honestly, it feels a whole lot more like a play for increasing publicity around the brand for Lamar because I guarantee there's a lot more people seeing the headlines about this whole saga looking up "Era 8" because they'd never heard of it before compared to before this.
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u/Comfortable_Rock4877 2d ago edited 2d ago
If this lawsuit isn’t the biggest pile of horseshit i’ve ever heard of, then I don’t know what is.
It’s a number. Tons of athletes have used the number #8 in just about every sport known to man.
If this lawsuit is successful than Alexander Ovechkin, Cal Ripkin Jr, or Romain Grosjean could file suit with Lamar over his usage of the #8 on his merchandise.
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u/GritBlitzer 2d ago
Lamar thinks he's bigger than Redneck Jesus? Oh boy. Hes about to find out real quick 😅
New nfl rule, no one but Lamar can wear the #8.
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u/beaujangles727 2d ago
What a loser.
Dale Jr has more legacy as an athlete tied to that number than Jackson’s ninja turtle with Down syndrome looking self could ever imagine.
This is probably more his management thinking that. Hopefully if it goes to court Jr counter sues. Cause like others have mentioned. Lamar Jackson isn’t the only athlete use number 8. If anything that number has more branding tied to Dale jr than Jackson. By a long shot.
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u/DeNomoloss Retzlaff 2d ago
Somehow the article was not dated April 1.
When’s Kf’nB going to countersue Lamar?
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u/penguins8766 2d ago
As if I didn’t hate anyone associated with the Baltimorons even more, this is laughable. Like people are really going to confuse the two entities. Lamar should be more worried about the post season and trying to best Allen or Mahomes instead.
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u/doctorcaligari Davey Allison 2d ago
IIRC, a number itself can’t be trademarked. This is why Intel transitioned from numbers on their chips (386, 486) to the “Pentium” branding in the 1990s. However, the stylized number can be trademarked as a logo.
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u/CoyotePowered50 Blaney 2d ago
What the fuck is Lamar smoking? What dimwitted lawyer though this would win?
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u/casualchaos12 2d ago
Okay, Fuck Lamar after this. JR has been in the 8 car since Lamar was in grade school. There's no way he wins this, right?
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u/Much-Chard8227 2d ago
Dale was driving the number 8 when Lamar was learning how to walk. This is hilarious.
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u/Annodizednuts 2d ago
For those who are too lazy to read like I was from what I can tell he’s trying to block jr’s trademark application for the 8. Not directly suing jr for the trademark. Idk if that makes a differences but I thought he was just randomly filing suit for something jr already had.
Still seemingly incredibly stupid though.
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u/GenericNASCARFan 2d ago
“In 2024, he filed a similar opposition against Hall of Fame quarterback Troy Aikman, who applied to trademark the word “EIGHT.””
Does bro think he is the only person to ever have worn the number 8?
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u/Splatty007 Kyle Busch 2d ago
And this is why I can’t stand him or the ravens and I live in Baltimore 😭
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u/SmuFF1186 Harvick 2d ago
Lamar was 3 years old when Jr was running the 8 in cup, the fuck is this lawsuit
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u/Donlooking4 2d ago
No offense Lamar Jackson.
But jr was the 8 before you even made your first NFL start.
Talk about a frivolous attempt to make waves over nothing.
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u/Letsgomountaineers5 2d ago
Iirc in order to maintain a trademark you have to do these things, it just further establishes and whittles down the use of each trademark and helps in future cases of legitimate infringement.
Also it’s not like Lamar was watching the CW this weekend and did the Leo DiCaprio from OUATIH tv screen point, this is his lawyers doing what they feel they need to do to protect his trademark.
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u/PurpleGoatNYC Hamlin 2d ago edited 2d ago
Lamar Jackson was all of 2 years old when DEI put Jr. in the Budweiser #8 car. Good luck with that lawsuit.
Until today, I had zero clue who Lamar Jackson was and his move has absolutely guaranteed I will not give him ANY of my money.
I’m not making a “Lamar Jackson sucks” post, I just don’t really follow the NFL. According to his stats, he’s a damn good player, but having the notion that anyone will confuse the two is just nuts.
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u/TheDukeAssassin 2d ago
What a fucking clown. The Earnhardt 8 existed well before he was even born.
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u/CrosseyedManatee Logano 2d ago
Sounds like Lamar is putting himself behind the 8 ball here.
I’ll see myself out. Don’t sue
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u/TRex_N_Truex Kligerman 2d ago
BREAKING: The 1994 Northridge earthquake is now going after Dale's 6.7
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u/Suspicious-Heart-902 Larson 2d ago
Don’t forget Trent Dilfer wore 8 for the Ravens and won a Super Bowl guess Lamar gonna sue him too.
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u/PatSue-Chan Pearson 2d ago
This might be the first time Lamar Jackson and Dale Earnhardt Jr have even been used in the same sentence...
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u/Potential_Plan_4533 2d ago
This is ridiculous, Dale Jr was racing the same font #8 when Lamar was just 2 years old. WTF
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u/IVCrushingUrTendies Richmond 2d ago
I watch football. I’m vary familiar with Lamar Jackson since his college days. I couldn’t have told you his jersey number is 8 lol. This sounds like his management team being finicky
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u/Hot_Dog_Surfing_Fly Williams 2d ago
I just ate dinner. Do I owe Lamar royalties?
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u/jperkogt Truex Jr. 2d ago
Yeah I wouldn't confuse the two at all. As a Dale Jr fan honestly Lamar Jackson wouldn't even cross my mind while looking at the number 8 and I'm also a NFL fan. And Im willing to bet for Lamar Jackson fans Dale Jr probably doesn't come to mind when they see the number 8. Whole thing just seems odd to me.
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u/PenskeFiles Cindric 2d ago
Dale Jr. has more wins in the playoffs (4) than Lamar Jackson does (3).
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u/DrewCrew62 2d ago edited 2d ago
I can assure Lamar Jackson that if I see a number 8 diecast car, he will not come to mind. At all.