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Lamar Jackson and Troy Aikman: Trademark Dispute for #8
By: Nicole Maxwell
Current NFL quarterback Lamar Jackson filed a notice of opposition at the Trademark Trial and Appeal Board Inquiry System (“TTAB”) in an attempt to prevent a company, FL101, from registering the trademark “eight” for former NFL quarterback Troy Aikman’s new line of products.[1] Jackson’s opposition is currently pending at the TTAB.
Can You Own a Number?
A trademark can be a word, phrase, symbol, number, design, or sound that identifies a good or service. Trademarks provide legal protection for a brand and help guard against competitors playing off of other’s efforts.[2]
Registering a trademark for a number does not give a person the right to own a number itself, but instead, the right to own the number in association with the good or service their entity provides.[3] This means two businesses that sell the same good in the same stream of commerce cannot own a trademark for the same number, but two businesses in different fields or different streams of commerce can own trademarks for the same number.
Currently, there are almost 10,000 U.S. registered trademarks for the word “eight” and almost 2,000 trademarks for the numerical symbol “8” for different goods or services.
Jackson v. Aikman
Lamar Jackson is a current Baltimore Ravens quarterback who wears the number 8.[4] Troy Aikman was a Dallas Cowboys quarterback for twelve years, who wore the number 8 until he retired in 2012.[5] Aikman was inducted into the NFL Hall of Fame in 2006 and the College Football Hall of Fame in 2008.
Lamar Jackson has owned several trademarks with the numerical symbol “8” since 2018. Jackson uses the 8 in different slogans, such as “You 8 Yet?” for restaurants and “Era 8” for his apparel brand.[6]
Troy Aikman recently launched “EIGHT Elite Light Lager,” marketed as a “wellness beer” for men’s health.[7] Aikman plans to expand his beer company to sell products like t-shirts and baseball caps with the same “EIGHT” mark.
Jackson argues that Aikman’s goods with the “eight” mark are deceiving to customers and will cause confusion and mistake as to the brand of each product.[8] Jackson filed an opposition against Aikman’s application to trademark “eight” because Jackson has spent several years promoting the number 8 as Jackson’s personal brand. However, Jackson does not own the number 8; he only owns the number for use with his goods and services.
In an attempt to oppose Aikman’s trademark application, Jackson argues that the “8” and “eight” have identical sounds and are similar in connotation and commercial impression. Jackson asserts that both trademarks represent similar goods. Jackson and Aikman also both sell their products in the same stream of commerce.
Aikman has not formally responded to Jackson’s opposition.[9] Aikman tweeted at Jackson about Jackson’s opposition to Aikman’s trademark applications, attempting to make a joke about drinking Aikman’s EIGHT beers together. Jackson did not respond to Aikman’s tweet. Jackson and Aikman have not had any public conversation about Jackson’s pending opposition to Aikman’s trademark applications for the mark “eight”.
What does this mean for IP Law?
There can be countless trademarks of the same word, phrase, or number as long as they are used in connection with different goods or services or used in different streams of commerce.
Entities applying for trademarks must be aware that their trademark will not give the owner exclusive rights over the actual mark itself, but it will give the owner exclusive rights in their stream of commerce to the mark in connection with the good or service their entity provides.
References
[1] https://ttabvue.uspto.gov/ttabvue/
[2] https://www.uspto.gov/trademarks/basics/what-trademark
[3] https://www.espn.com/nfl/story/_/id/40592937/lamar-jackson-troy-aikman-number-8-trademark
[4] https://www.espn.com/nfl/player/bio/_/id/3916387/lamar-jackson
[5] https://www.espn.com/nfl/player/bio/_/id/53/troy-aikman
[7] https://eightbeer.com/pages/mens-health-troy-aikman-beer
[9] https://www.sportico.com/law/analysis/2024/lamar-jackson-troy-aikman-trademark-lawsuit-1234790181/
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