Lamar Jackson Drops Opposition to Troy Aikman’s Trademark
After more than a year of legal dispute, the two-time NFL Most Valuable Player (MVP), Lamar Jackson, has withdrawn his opposition to the use of the number 8 in the trademarks filed by Pro Football Hall of Fame quarterback Troy Aikman and his company in 2024. This is indicated by the records of the United States Patent and Trademark Office. Jackson’s lawyer, Andrea Evans, filed a motion to withdraw the opposition with prejudice and without the consent of Aikman’s team earlier this week. On Tuesday, the Patent and Trademark Office’s appeals board agreed to dismiss the opposition claims.This will allow FL101, the company that filed the trademark application and that includes Aikman as one of its directors in SEC documents, to use the marks for which it applied for registration.“Lamar is withdrawing this, saying it’s with prejudice,” explained Josh Gerben, a trademark lawyer at Gerben Law. “Which means I can’t refile this, and I don’t even have the defendant’s consent.”
Josh Gerben, trademark lawyer
“Mr. Jackson’s withdrawal of the oppositions was done voluntarily by Mr. Jackson following some TTAB decisions that have gone against him,” Aikman’s attorney, Brad D. Rose, wrote in an emailed statement. “In my opinion, these ‘withdrawals with prejudice’ are an acknowledgment that Mr. Jackson’s claims were excessive and should never have been filed in the first place.”
Brad D. Rose, attorney for Troy AikmanGerben indicated that it’s not clear if an agreement was reached between Aikman and Jackson’s teams, although “we wouldn’t really know. We wouldn’t have any information here that could inform us.” Initially, Jackson had challenged Aikman’s use of the word “EIGHT” on a variety of products, including clothing, beer, beach towels, bags, and energy drinks, in July 2024. Jackson had previously registered several trademarks related to the number, including the phrases “Era 8 by Lamar Jackson”, “Era 8”, and “You 8 yet?”. In his filings, he argued that the use of “EIGHT” would cause confusion to the public when purchasing products. Several renowned athletes have used the number 8, including Jackson, Aikman, Pro Football Hall of Famer Steve Young, Baseball Hall of Famer Cal Ripken Jr., and Basketball Hall of Famer Kobe Bryant. Jackson’s lawyer had filed multiple trademark oppositions since November 2023 against various parties, including Aikman and Dale Earnhardt Jr. Earnhardt’s company withdrew its trademark application shortly after Jackson’s opposition in April. Now, Jackson has withdrawn his opposition to the use of the marks proposed by Aikman.
