Update: Dale Earnhardt Jr. will give up the pursuit of a trademark for the old JR Motorsports 8 font, the one being challenged by Lemar Jackson, and will instead use the old Dale Earnhardt Inc. font he has already received the copyrights from.
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Lamar Jackson has taken legal action intended to block the use of a trademark for the traditional JR Motorsports No. 8 font.
Jackson and his legal representation filed a Notice of Opposition with the U.S. Patent and Trademark Office on Wednesday that argues a trademark application for the stylized No. 8 could create confusion with his own trademark rights.
Specifically, this is the No. 8 used prior to this year and not the Dale Earnhardt Inc. No. 8 now being used by Earnhardt Jr. and the JR Motorsports team he co-owns with sister Kelley Earnhardt-Miller. Jackson contends that this number font is too similar to the one he uses as quarterback for the Baltimore Ravens and is associated with his Era 8 apparel brand.
Jackson argues in the filing that the JRM ‘mark is highly similar to Opposer’s registered and applied for trademark, as well as his common law use of the number 8. Thus, the marks at issue create highly similar overall commercial impressions.’ It also argues that JRM apparel ‘is identical and highly similar to Opposer’s apparel. The toys and entertainments services in Applicant’s application are likely to travel in similar channels of trade.’
Jackson says the JRM trademark ‘suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the number 8.’
It’s worth noting that Jackson has also filed a similar complaint with the USPATO against NFL Hall of Famer Troy Aikman for his use of the branding ‘EIGHT’ to reference the No. 8, which he also carried during his own quarterback career.
Dale Earnhardt Jr. holdings only applied for this trademark in December, which is why Jackson is opposing it now.
“[Jackson] has expended considerable time, effort, and expense in promoting, advertising, and popularizing the number 8 in connection with his personality and fame … with the result that the relevant purchasing public has come to know, rely upon, and recognize [his] trademarks as very strong indicators of the source of [his] products provided in connection with his marks,” the filing states.
The U.S. Patent’s Office Trademark Trial and Appeal Board is currently reviewing the Earnhardt trademark request. If the board denies him, and he uses it for merchandising purposes, then Jackson could sue Earnhardt for trademark infringement.
The Notice of Opposition can be read in its entirety below. Neither Earnhardt nor JR Motorsports has commented on the matter.
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