NASCAR legend Dale Earnhardt Jr in legal battle with NFL star Lamar Jackson

NASCAR legend Dale Earnhardt Jr has become embroiled in a legal battle with NFL star and Baltimore Ravens quarterback Lamar Jackson.

The dispute centers around the use of the number eight, with the Earnhardt family having a strong connection to the number and Earnhardt Jr himself having raced with it in the Cup Series from 1999 to 2007.

The rights to the number went to Dale Earnhardt Sr's widow following his tragic death at the Daytona 500 in 2001, but last year, she did not renew them, allowing Earnhardt Jr to acquire them.

That version of the number eight is not being challenged, according to The Athletic, who reveal it is, in fact, a second number eight in a different font that Jackson's legal team are disputing.

Jackson himself also has an association with eight given it is his jersey number in the NFL and that he sells apparel under the brand name 'Era 8'.

Why is Lamar Jackson challenging Dale Earnhardt Jr?

Due to the above, Jackson's legal team have filed a 'notice of opposition' with the U.S. Patent and Trademark Office arguing that Earnhardt Jr's attempted trademark of the italicized number eight infringes on Jackson's own trademark rights.

In the court filing, one of the arguments put forward by Jackson's legal team is that Earnhardt Jr's trademark of the eight in question would mislead consumers.

"Applicant’s [Earnhardt Jr's] mark is highly similar in sound, appearance, connotation, and commercial impression to Opposer’s [Jackson's] trademarks and brand so as to be likely to confuse, or cause mistake, or to deceive," the court document reads.

"Purchasers and prospective purchasers are likely to mistakenly believe that the products Applicant offers under the mark are related to the products and services provided by Opposer under the number 8 and his application and registration," the filing continued.

"If Applicant’s mark is registered, Applicant will receive a prima facie nationwide exclusive right to use a mark that is likely to cause confusion as to source, sponsorship or affiliation with Opposer’s trademarks in commerce, would create a false suggestion of a connection with Opposer, and, as such, would be inconsistent with Opposer’s rights."

The case will now go before the Trademark Trial and Appeal Board (TTAB) where it will be determined whether or not Earnhardt Jr can register his logo.

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