The number that defined Junior’s early career—the same number that titled his 2002 autobiography “Driver #8″—recently became the focus of an unexpected legal battle with Baltimore Ravens quarterback Lamar Jackson, but Dale Jr. effectively settled the dispute with a simple tweet on Friday, marking the end of one chapter and the revival of another in the Earnhardt legacy. Few numbers in NASCAR’s storied history carry the weight and emotional resonance of the No. 8. For generations of race fans, that slanted, bold digit painted on the side of a Budweiser-red Chevrolet meant only one thing: Dale Earnhardt Jr. was approaching.
The dispute, which pitted an NFL MVP against NASCAR royalty, revolved around a seemingly straightforward but extremely valuable item in the sports merchandise industry. And it is the right to make money off of a stylized number that has been used by both athletes to establish their brands.
Lamar Jackson and Dale Jr. negotiate a peace agreement regarding #8’s ownership
When Earnhardt’s company, DEJ Holdings, submitted applications to trademark two distinct stylized versions of the No. 8 last year, the debate started to simmer. There was no challenge to the more daring, slanted version that Dale Jr. popularized in his early NASCAR career.
However, Lamar Jackson of the Baltimore Ravens, an unexpected source, opposed the more straightforward version being utilized by JR Motorsports. He owns the trademark to “Era 8 By Lamar Jackson,” just like Dale Jr. Just two days after Jackson filed his appeal on Wednesday, Earnhardt took to Twitter with a clear announcement: “Through the USTPO, we successfully secured the rights to the stylized 8. As a result, we will no longer be using the original JRM 8, which we have been using since 2019. We are eager to finish the season, which has already been a triumph.
A protracted legal proceeding before the U.S. Patent Office Trademark Trial and Appeal Board would have been avoided because to this prompt resolution. The proceedings might have lasted over a year if Earnhardt had pursued the simpler No. 8 that Jackson contested, and if the racing legend had kept using the mark on commerce, trademark infringement litigation might have resulted. Earnhardt’s choice to forgo the current logo in favor of his recognizable slanted eight, which he just obtained the rights to after Teresa Earnhardt’s DEI was unable to renew the original copyright, is a significant return to form as well as a sensible financial decision. Beyond avoiding legal entanglements, this move is significant.
The return of the iconic slanted 8 has emotional significance for ardent NASCAR fans because it is the same style that Dale Jr. employed to win 17 Cup Series races, including the 2004 Daytona 500. During Earnhardt’s best years at DEI, apparel with the original No. 8 was responsible for up to 35% of all merchandising sales, according to NASCAR statistics.
The Endless Adventure of Eight
The number 8 has had a journey of its own, putting aside the authority for a time. Since Billy Carden originally fielded the recognizable No. 8 in 1949, during the sport’s debut season, it has had a legendary journey through NASCAR history.
The No. 8 continued its legacy through a number of hands, including a notable connection when Ed Negre gave Dale Earnhardt Sr. his first Cup Series start in the No. 8 car at Charlotte in 1975. Bobby Hillin Jr. became just the second driver to win with the number at Talladega in 1986, and other notable wheelmen like Sterling Marlin, Jeff Burton, and Hut Stricklin took turns behind the wheel throughout the 1990s. Although many drivers piloted the number over the decades, it was NASCAR Hall of Famer Joe Weatherly who first made it a winner, winning 20 victories and two championships (1962–63) with the number.
When Dale Earnhardt Jr. returned the number to the family name in 1999 for his Cup Series debut, it became the most well-known association. With the iconic slanted No. 8 Budweiser-red Chevrolet, Junior won 17 of his 26 Cups, including five victories at Talladega and unforgettable victories at Daytona. Following Junior’s departure from DEI, the number was put back into use by Richard Childress Racing in 2018 with Daniel Hemric. Tyler Reddick then became the fourth driver to win with the No. 8 in 2022. Kyle Busch, a two-time NASCAR Cup Series winner, most recently took up the number in 2023. He had success right away, winning at Talladega and Auto Club Speedway.
Following the long history of a digit that has grown to be one of NASCAR’s most emotionally charged emblems, Dale Jr. and NFL player Lamar Jackson are currently engaged in a trademark dispute over it. The limits of number ownership in sports will eventually be decided by the legal system, but Earnhardt’s choice to go back to his famous stylized 8 signifies both a commercial triumph and a sentimental coming home.
