Michael Rothstein
After more than a year, two-time NFL MVP Lamar Jackson has withdrawn his challenge to Pro Football Hall of Fame quarterback Troy Aikman’s use of the No. 8 in trademarks Aikman and his company filed for in 2024, according to records from the U.S. Patent and Trademark Office.
Jackson’s attorney, Andrea Evans, filed a motion to withdraw the opposition with prejudice and without consent of Aikman’s team earlier this week. The claims of opposition had been agreed to be dismissed by the Patent and Trademark Office’s appeal board Tuesday.
“Lamar is withdrawing this saying it’s with prejudice,” said Josh Gerben, a trademark attorney at Gerben Law. “Meaning I can never file this again, and I’m not even having the consent of the defendant.”
This will allow FL101, the company that filed the trademark request and lists Aikman as one of its directors in SEC filings, to use the markings it applied for.
“The withdrawal of Mr. Jackson’s oppositions was voluntarily done by Mr. Jackson in the wake of some TTAB decisions that have gone against him,” Aikman’s attorneys wrote in an emailed statement to ESPN. “In my view, these “with prejudice withdrawals” are an acknowledgement that Mr. Jackson’s claims were an overreach and should never have been brought in the first place.”
Messages left by ESPN with attorneys for Jackson seeking comment were not immediately returned.
Gerben said it’s unclear whether an agreement had been made by Aikman’s and Jackson’s teams, “but we wouldn’t really know that, though. We wouldn’t have any information here to be able to tell us.”
Jackson had initially challenged Aikman’s use of the word “EIGHT” on a variety of items — including apparel, beer, beach towels, bags and energy drinks — in July 2024. Jackson had previously trademarked various usages around the number, including the phrases “Era 8 by Lamar Jackson,” “Era 8” and “You 8 yet?” He claimed in filings that usage of “EIGHT” would cause confusion to the public when people went to buy products.
Multiple high-profile athletes have worn No. 8, including Jackson, Aikman, Hall of Fame football player Steve Young, baseball Hall of Famer Cal Ripken Jr. and basketball Hall of Famer Kobe Bryant.
Jackson’s attorney had made multiple trademark oppositions since November 2023 against a multitude of parties, including Aikman and Dale Earnhardt Jr.
Earnhardt’s company pulled its trademark application soon after Jackson’s opposition in April. And now, Jackson has pulled his opposition to the usage of Aikman’s proposed trademarks.
