from the numbers-game dept
Final 12 months, we mentioned Baltimore Ravens QB Lamar Jackson’s opposition to a trademark utility from retired Corridor of Fame QB Troy Aikman for the phrase and quantity “Eight.” Whereas these types of oppositions don’t historically see us caping for them, this case was a bit totally different. Jackson’s registered emblems have been not merely for the time period or quantity “eight”, however reasonably for rather more distinctive emblems that incorporate the quantity. An instance could be Jackson’s registered mark “Period 8 by Lamar Jackson.” With the extra branding within the mark, it strikes from one thing generic into one thing that as an alternative capabilities effectively as a supply identifier. Aikman’s mark, however, did no such factor.
However Aikman isn’t the one sports activities determine searching for the generic trademark. Dale Earnhardt Jr., who famously drove the quantity eight automotive in NASCAR, additionally utilized final 12 months for a trademark on the number 8. As with Aikman, Jackson has filed an opposition to that trademark, arguing that the generic mark would infringe on his rather more detailed trademark.
Jackson has challenged the trademark declare, together with his attorneys submitting a notice of opposition with the U.S. Patent and Trademark Workplace. The discover states that Dale Jr. makes use of a slanted font just like Jackson’s “Period 8” model. This might lead potential clients to “mistakenly imagine the merchandise [Earnhardt Jr.] presents underneath the mark 8 are associated to the services offered by [Jackson],” The Athletic quoted Jackson’s submitting.
In line with trademark lawyer Josh Gerben, Jackson has challenged the declare on the premise of his personal trademark registrations for ‘ERA 8’ and ‘ERA 8 BY LAMAR JACKSON.’
Once more, these sort of restrictive trademark actions usually lead to a sneer from this author. However the issue right here isn’t that Jackson is being overly aggressive. And, whereas I hesitate to agree that there will likely be actual widespread buyer confusion between gear for NASCAR followers and NFL followers, any likelihood of that confusion is born of the uncreative and generic nature of the trademark Dale Jr. is searching for. If the appliance was for “8 by Dale Jr.” or “The #8 Automobile” and Jackson nonetheless opposed it, I’d be on the opposite facet of the argument. However a mark for merely the quantity eight introduces a a lot increased likelihood for confusion than these different examples.
The Aikman case remains to be pending as Jackson launches this battle on one other entrance, however each are pretty necessary for the intersection of emblems and sports activities. Vehicles and athletes largely put on quantity identifiers, that are replicated throughout different athletes, apart from when particular groups retire numbers. Permitting each athlete to trademark their jersey quantity, for example, would finish very badly and really rapidly.
Why ought to this be any totally different?
Filed Beneath: dale earnhardt jr, lamar jackson, trademark, troy aikman
Firms: nascar
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