The dispute between reigning NFL MVP Lamar Jackson and Pro Football Hall of Fame quarterback Troy Aikman over the use of their shared No. 8 has escalated to a legal battle at the U.S. Patent and Trademark Office. Jackson, who has been actively using the number in various trademarks, alleges that Aikman’s attempt to use “EIGHT” on apparel and bags could potentially confuse or deceive consumers into thinking they are purchasing products associated with Jackson. This claim is based on the argument that the number 8 has been closely linked to Jackson’s brand and persona through extensive promotion and media coverage.
Through his attorney, Jackson has filed appeals against FL101, a company with Aikman listed as one of its directors, challenging their trademark applications for the use of “Eight” on various consumer products. The filings state that Jackson’s trademarks incorporating the number eight were registered prior to Aikman’s “Eight,” and that the products from Aikman’s company bear close resemblance to Jackson’s trademarks in terms of sound, appearance, connotation, and commercial impression. However, responses from FL101’s attorneys and Jackson’s attorney are still pending.
Christine Farley, a law professor and intellectual property expert, points out that trademark ownership extends beyond traditional items to include numbers, sounds, colors, and even smells. The uniqueness and distinctiveness of a trademark play a crucial role in determining its legal protection. The U.S. Patent and Trademark Office database reveals a significant number of registered or pending trademarks incorporating the word “eight” or the numeral “8,” indicating a common trend in trademark filings.
Enforcing trademark rights involves proving the likelihood of confusion among consumers regarding the origin of products or services. Farley suggests that Aikman’s company may argue against consumer confusion in relation to the use of a number in their products. However, the onus is on FL101 to present a compelling response to the trademark office by the specified deadline to address Jackson’s claims.
The dispute between Jackson and Aikman highlights the significance of the number 8 in sports history, with several iconic athletes, including Steve Young, Cal Ripken Jr., Kobe Bryant, and others, having worn the digit during their illustrious careers. The legacy of the number 8 transcends different sports and is associated with some of the greatest athletes of all time.
The legal battle between Lamar Jackson and Troy Aikman underscores the complexities of trademark ownership and enforcement, particularly when it comes to unique identifiers such as numbers. As the case unfolds, it will be interesting to see how the trademark office evaluates the claims made by both parties and determines the extent of protection afforded to the use of the number 8 in commercial ventures.
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