Two star NFL quarterbacks are reportedly embroiled in a legal battle over the rights to a shared jersey number.
According to ESPN’s Michael Rothstein, Lamar Jackson is challenging Troy Aikman’s use of the No. 8. In a complaint filed with the U.S. Patent and Trademark Office on July 9, Jackson’s attorney argued that Aikman’s use of the number on apparel is “likely to cause confusion, or cause mistake, or to deceive” consumers about which quarterback is associated with the product.
Jackson’s complaint targets FL101, a company listing Aikman as a director. FL101 owns nine variations of the “Eight” trademark for use in beer, energy drinks, and other products. Jackson’s attorney contends that Aikman’s products are “highly similar in sound, appearance, connotation, and commercial impression” to those associated with Jackson.
The complaint emphasizes that Jackson “has expended considerable time, effort, and expense in promoting, advertising, and popularizing the number 8 in connection with his personality and fame.” The two-time MVP has secured or applied for several trademarks related to the number, including “Era 8” and “You 8 yet?”
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Christine Farley, a law professor and intellectual property expert at American University, explained to Rothstein the complexities of trademark ownership. “Some of the instant reaction is, like, how can you own a number?” Farley said. “The truth is you can own almost anything you think of as a trademark. You can own a smell. You can own a sound. You can own a single color. You can own a single number.”
This legal dispute raises questions about how Aikman will address Jackson when calling Baltimore Ravens games. The Ravens are scheduled for Monday Night Football in Week 7 against the Tampa Bay Buccaneers and again in Week 12 against the Los Angeles Chargers, games where Aikman could potentially be in the broadcasting booth.
As this case unfolds, it will be fascinating to observe the implications it may have on trademark law and the personal brands of both quarterbacks.
Jackson’s efforts to protect his association with the number 8 underscore the significance of personal branding in the modern sports industry, while Aikman’s use of the same number for commercial products highlights the ongoing intersection of sports, business, and legal rights.