Why Dale Earnhardt Jr. Gave up His Trademark Fight

It’s not every day that a single number becomes the center of a legal standoff. But when that number is worn by a two-time NFL^® MVP and was once painted on the side of a NASCAR^® Hall of Famer’s race car, things can get complicated fast. If you thought trademark law was boring, think again - because the battle over No. 8 just got personal.

2 Legends, 1 Number

On one side of the conflict is Baltimore Ravens^® quarterback Lamar Jackson. He’s worn No. 8 since his college days at Louisville and has built a brand around it. Jackson owns trademarks for “ERA 8 by Lamar Jackson,” which he uses to sell backpacks, apparel, and duffel bags. The number has become part of Jackson’s identity, both on and off the field.

On the other side of this numeric feud is Dale Earnhardt Jr., the NASCAR royalty who also made No. 8 iconic during his early racing career. His company, JR Motorsports, has used stylized versions of the number since 2019 and sought to secure a trademark for one of them.

Who Owns No. 8?

When Earnhardt’s team filed to trademark one of its current No. 8 designs, Jackson objected - formally. His legal team argued that Earnhardt’s attempt would confuse consumers and dilute Jackson’s already-established branding; if the trademark were approved, Jackson’s team feared fans might mistakenly purchase Earnhardt’s merchandise, thinking it was connected to Jackson. The official filing to the U.S. Patent and Trademark Office claimed Jackson’s fame and long association with the number would make Earnhardt’s mark too similar.

Earnhardt Backs Down?

Earnhardt didn’t wait for the court to decide. Within days of Jackson’s objection, he backed off - withdrawing the application for the contested version of the number.

Earnhardt said on his podcast that he initially believed Jackson was targeting the iconic Budweiser No. 8, which JR Motorsports had recently trademarked. But once he learned the dispute centered on a newer, rarely used design, he opted not to escalate the matter.

According to NBC Sports, Earnhardt said, “I learned on social media about the same time as everybody else did that Lamar was contesting our trademark application. He wasn’t suing me. He's just contesting it. … When I learned about it, I thought for sure it was over the Bud 8. But when I dug into it, I learned that it was that JR Motorsports font. And we weren’t ever gonna use that again. Ever. … So yeah it’s not an issue. It’s a non-issue. …I didn’t wanna see this get nasty for no reason.”

Could This Have Actually Gone to Trial?

Technically, yes. Trademark disputes like this can head to trial before the USPTO’s Trademark Trial and Appeal Board. But most are resolved well before that point. In this case, Earnhardt’s retreat likely ends the matter - at least this chapter of it.

At the same time, Jackson has proven he’s willing to defend his turf. He’s currently engaged in another legal battle over No. 8 with former Dallas Cowboys^® quarterback Troy Aikman, who wore the number during his own Hall of Fame career.

Why Numbers Matter More Than You Think

It might sound petty - after all, no one owns a number. But in branding, numbers can mean everything. From jerseys to merchandise, they symbolize identity, legacy, and in many cases, millions in revenue. Jackson isn’t trying to stop every No. 8 from existing; he’s drawing a line around commercial usage that resembles his No. 8.

And while fans of both sports might roll their eyes at this kind of dispute, for athletes-turned-entrepreneurs, protecting the brand is just part of the game.

References: Lamar Jackson, Dale Earnhardt Jr. Locked in Trademark Battle | Dale Earnhardt Jr. Explains No. 8 Controversy | Lamar Jackson vs. Dale Earnhardt Jr. Trademark Dispute