When you think of all the great NFL quarterbacks who have donned the number eight, two of the first names that come to mind are three-time Super Bowl champion Troy Aikman and two-time MVP Lamar Jackson. While the two QBs dominated in different ways, Aikman being a precise pocket passer and Jackson being a dynamic dual-threat, the two are linked by the number on their jerseys. Obviously, Aikman and Jackson never competed against each other on the gridiron. However, a battle appears to be brewing between the two off the field.
According to federal records that were reviewed by ESPN’s Michael Rothstein, Jackson recently filed a complaint with the U.S. Patent and Trademark Office challenging Aikman’s use of the number eight. Jackson has filed two appeals against a company by the name of FL101, which lists Aikman as one of the directors.
The appeals claim Jackson "has expended considerable time, effort, and expense in promoting, advertising, and popularizing the number eight in connection with his personality and fame" and "is well-known by this number due to his notoriety and fame, along with his promotion of this number in his trademarks and in media coverage."
Jackson filed a complaint on July 9 seeking to prevent Aikman from using “EIGHT” on apparel and bags, arguing that it is “likely to cause confusion, or cause mistake, or to deceive” consumers as to whether they are buying products in support of Jackson or Aikman.
Jackson has applied for several trademarks with phrases related to his jersey number, including “Era 8” and “You 8 yet?” Jackson’s attorney says those trademarks were registered before Aikman’s filings related to “EIGHT.” The two-time MVP and Heisman trophy winner’s legal team believes the products being sold by Aikman are “highly similar in sound, appearance, connotation, and commercial impression” to Jackson’s branding
A company affiliated with Aikman has applied for a total of nine trademark applications for the use of “EIGHT” on a variety of consumer products. Aikman has a beer brand, EIGHT Elite Light Lager, that was honored as the No. 1 new independent beer brand in 2022 and he has been very active in promoting it in recent years.
It might seem odd that a number can be trademarked. No one, of course, can in effect “own” a number. But trademark law permits registration when a number distinguishes a particular product or service. For example, Nike has trademarked the number “23” for hats, T-shirts, sweatshirts, shirts and other clothing in recognition of its relationship to Michael Jordan.
It is not uncommon for athletes to cast a wide net when applying for trademarks, and Jackson has been no exception to that throughout his career. One of the better follows on social media when it comes to intellectual property issues in sports is Josh Gerben, the founder of Gerben IP. In a recent post on X, he detailed that he figures that “the likely outcome is that Jackson and Aikman will find a way to coexist in the marketplace.”
Aikman’s company has until Aug. 18 to respond to Jackson’s complaint. Interestingly, the Ravens are scheduled to play on ESPN’s Monday Night Football with Aikman on the call October 21 and November 25 this upcoming season. It’s likely this issue will be put to bed long before then, but it will be fascinating to see if Aikman works in a humorous jab to Jackson during the broadcasts. He already made light of the situation in a recent post on X.
Brendan Bell is a rising 2L at SMU Dedman School of Law and is the Southwest Regional Rep on Conduct Detrimental's Law School Student Board. He can be followed on Twitter (X) @_bbell5