In a surprising turn of events, NFL MVP Lamar Jackson has taken legal action against Hall of Fame quarterback Troy Aikman over the use of the number 8 in a U.S. Patent and Trademark Office complaint. Jackson, who has been actively promoting and trademarking various phrases using the number 8, claims that Aikman’s attempt to use “EIGHT” on apparel and bags could lead to confusion among consumers.
Jackson’s attorney argues that the quarterback has invested significant time, effort, and money in associating himself with the number 8, making him well-known for it. Jackson’s trademarks, including “Era 8 by Lamar Jackson” and “You 8 yet?” have been established before Aikman’s “Eight,” further complicating the matter. The similarities in sound, appearance, and commercial impression between the two sets of products are also brought into question.
Christine Farley, an intellectual property expert, sheds light on the fact that almost anything can be trademarked, including numbers. The U.S. Patent and Trademark Office has thousands of live trademarks containing the word “eight” or the numeral “8,” indicating the significance of such trademarks in the market. Farley mentions that the look of a trademark plays a crucial role in the decision-making process and that different categories of use exist.
The Response
FL101, the company associated with Aikman and the contested trademarks, is yet to respond to the federal trademark office by August 18. The attorneys for Aikman’s company may argue that consumers would not be confused by the presence of a number when making a purchase. However, Jackson’s legal team seems determined to protect his association with the number 8 and uphold his trademarks.
Interestingly, Jackson and Aikman are not the only notable athletes to have worn the number 8 during their careers. Hall of Famer Steve Young, along with baseball legends such as Cal Ripken Jr., Yogi Berra, and Carl Yastrzemski, have all sported the digit. Even in basketball and hockey, legends like Kobe Bryant and Alex Ovechkin have donned the number on their jerseys.
The battle for the number 8 between Lamar Jackson and Troy Aikman highlights the complexities of trademark law and the importance of protecting one’s brand. As the legal proceedings unfold, it will be interesting to see how the dispute is resolved and what implications it may have for future athletes looking to trademark their personal brand.
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