QB Jackson Pulls Challenge Over No. 8 Trademark

Baltimore Ravens star quarterback Lamar Jackson has withdrawn a challenge against FL101, a sports apparel company on which former Dallas Cowboys quarterback Troy Aikman sits on the Board of Directors. The decision to withdraw the objection—with prejudice, meaning that Jackson can not bring a second challenge–comes after more than a year of contention between the two sides¹.

Jackson’s complaint, filed in 2024, stemmed from Aikman’s attempt to file for trademark usage of the number eight, which both quarterbacks have worn. In July of last year, FL101 attempted to file for trademark usage of “EIGHT” on beer, bags, energy drinks, and apparel. Prior to this effort², Jackson, who had already established himself as one of the most dominant and eminent players in the National Football League, had trademarked several phrases related to his jersey number, including “Era 8” and “You 8 yet?” Jackson’s team claims that Aikman’s use of similar phrases will confuse potential consumers, and hurt the Ravens quarterback’s brand.

This is not Jackson’s first trademark dispute. In November of 2023, after NASCAR
driver Dale Earnhardt Jr. also filed for trademark usage of the number eight, Jackson filed a trademark opposition in April of the following year, and Earnhardt and his team quickly withdrew their trademark application soon after³.

Filing for trademark usage with regard to a number is allowed—provided that a few
specific boxes are checked. A trademark must be: 1) distinctive; and 2) nonfunctional. The distinctive requirement is met if when a consumer hears or sees the mark, their mind immediately jumps to the intended brand. The nonfunctional requirement simply means that the trademark cannot describe the brand or item. The mark also must be used in commerce, meaning that it must be used in an actual economy to signify a certain brand⁴.

This first checkbox—that the trademark must be distinctive—was the crux of Jackson’s argument. In his team’s eyes, the number eight, because it would used by Jackson as well as Aikman, would lose any distinctive value⁵.

It’s still unclear why Jackson withdrew the challenge, but regardless, the way has been cleared for Aikman to use eight as desired⁶. Jackson, for his part, will turn his attention back to hoisting the Lombardi Trophy.

1. Michael Rothstein, Lamar Jackson Withdraws Challenge of Aikman’s No. 8 Trademarks, ESPN (August 13, 2025, 11:17 AM ET) ↩︎
2. Id. ↩︎
3. Id. ↩︎
4. Christopher T. Zirpoli, An Introduction to Trademark Law in the United States, Congress.Gov (July 24, 2023) ↩︎
5. Rothstein, supra note 1 ↩︎
6. Id. ↩︎

Henry Bartholomew is a guest author who periodically contributes to the UB Law Sports & Entertainment Forum.  The views and opinions expressed in this article are those of the guest author and do not necessarily reflect the official policy or position of the University at Buffalo School of Law or the UB Center for the Advancement of Sport.