Due to a pending trademark claim involving his JR Motorsports business, NFL quarterback Lamar Jackson has filed a lawsuit against NASCAR driver Dale Earnhardt Jr. for using the number 8. Jackson’s lawyers have filed a notice of opposition with the U.S. Patent and Trademark Office contesting the trademark claim. Dale Jr. utilizes a slanted font that resembles Jackson’s “Era 8” brand, according to the notification. Customers would “mistakenly believe the products [Earnhardt Jr.] offers under the mark 8 are related to the products and services provided by [Jackson],” according to Jackson’s filing, which was cited by The Athletic. “Bottoms as clothing, footwear, headwear, tops as clothing [and] undergarments” are the products of Jackson’s brand. The warning goes on to say:
“[Earnhardt Jr.’s] mark falsely suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the number 8.” Jackson has contested the claim, citing his own trademark registrations for “ERA 8” and “ERA 8 BY LAMAR JACKSON,” according to trademark lawyer Josh Gerben. Dale Jr. is requesting the same protection for anything bearing his name, such as clothing, die-cast automobiles, and toys. Given the trademark’s similarities, Jackson’s team contended that consumers would be perplexed about the brand owner. With the exception of registration-related matters, the procedure will resemble a federal court case. In the previous year, Jackson contested Hall of Fame quarterback Troy Aikman’s claim to a trademark for the word “EIGHT.” Gerben states that the case remains active.
Dale Jr. has yet to respond to the objections. The news comes as NASCAR teams Rick Ware Racing (RWR) and Legacy Motor Club are engaged in another legal battle over RWR’s alleged violation of a charter agreement. RWR allegedly reneged on the contract, which called for up to $40 million in payments, according to Legacy Motor. According to a lawsuit brought by Legacy Motor, RWR consented to sell one of its charters but was thereafter breaking the agreement. Legacy Motor was therefore requesting a temporary injunction to stop RWR from selling the charter to a third party. The lawsuit’s details were revealed by Newsweek Sports: “RWR wants to back out even though they have a legally binding agreement in place.
It has informed Legacy that it will never complete the parties’ transaction. Legacy has unsuccessfully attempted to reason with RWR. Legacy can no longer wait. It is now bringing this lawsuit to uphold its rights and make RWR honor its agreement. RWR released a statement yesterday in response to the complaint. It reads: “This lawsuit distorts the true facts and is a misguided attempt to destroy our image. RWR has conducted business with the utmost honesty and professionalism and has engaged in good faith negotiations. We anticipate a speedy resolution of this issue through the appropriate legal processes and are sure that the truth will come to light.” As NASCAR’s legal disputes intensify, it’s unclear if they will have any impact on the performance of concerned teams on the racetrack.
