Lamar Jackson, Troy Aikman Settle Dumb Trademark Dispute Over The Word ‘EIGHT’
from the numbers-game dept
Almost exactly a year ago, we discussed a really, really dumb trademark fight between NFL quarterback Lamar Jackson and former NFL quarterback Troy Aikman. This got to our attention when Jackson filed an opposition to a trademark application from Aikman. Typically, we go in pretty hard on oppositions to trademark applications, because they are almost always overly protectionist and, frankly, dumb. This is not one of those cases.
Aikman’s application was to trademark the word “EIGHT.” Yup, just the number, and for wide categories like beverages, clothing, and others. Aikman wore number eight during his playing career, you see, but so have lots of other athletes, including Jackson. Jackson has his own trademarks that involve the number eight, but they are far more specific, such as “Era 8 by Lamar Jackson” and “You 8 yet?”. And so it seemed that Jackson was actually trying to prevent not just potential confusion with his own branding, but also a broad, fairly generic trademark that the USPTO should have laughed at to begin with.
Well, as often happens, the two sides have decided to settle this directly rather than in a courtroom. And as is unfortunately often the case, the terms of the agreement have not been disclosed.
Recent coverage indicates that Aikman and Jackson have reached an agreement to resolve their differences, formally ending the “bitter legal dispute”. Though specific terms of the settlement remain undisclosed, this outcome suggests both sides opted to avoid lengthy litigation, choosing negotiation over courtroom conflict.
Fans and apparel retailers alike can look forward to clarity in the marketplace. Jackson continues to promote his “8” image, while Aikman is presumably able to use his own “EIGHT” branding, now with mutual agreement, and without ongoing litigation sowing confusion.
Everyone getting to use a simple number in their business is obviously the right outcome, but the actual details of this are important. For instance, if Aikman merely carved out an agreement to not wield his mark against Jackson, well, that sucks out loud. He’ll be able to bully others with it if he chooses still and that’s a pretty big problem, considering just how generic the mark he applied for is. Based on all the reporting I am seeing, that is exactly the outcome here.
What should have happened instead was for the USPTO to require that Aikman’s trademark be something more than just the word for the number “EIGHT”. Something more akin to the marks that Jackson holds, for example.
But no, that, apparently, is too much to ask. And now Aikman’s company, FL101, has a generic, broad trademark to beat others with.
Filed Under: eight, lamar jackson, trademark, troy aikman
Comments on “Lamar Jackson, Troy Aikman Settle Dumb Trademark Dispute Over The Word ‘EIGHT’”
The wEIGHT is finally over. That’s a big wEIGHT off my shoulders. wEIGHT, what?
I think they just went with the man who won three Super Bowls versus the man who hasn’t won a Super Bowl. Or maybe the judge is a big Cowboys fan and wants to feel good about a team that hasn’t been successful as of late.
Neither “8” nor “EIGHT” are generic. “Generic” is a legal term with a specific meaning in the trademark context. Maybe try to know what you’re talking about before you start calling shit “dumb.”
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How in the fuck is 8 or EIGHT not generic? Is a number, on the number scale, with no modifiers.
Re: Re:
Because an attorney is making a confessional accusation when they say, “Maybe try to know what you’re talking about before you start calling shit “dumb”.”
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Wow, that right there is why I wouldn’t piss on a lawyer even if he was on fire.
Go be smug with your lawyers buddies over the fact that you know how to use laws to keep others down.
Maybe I should see if “Asshole Lawyer” is trademarked … cuz if it’s not, I should start a clothing line that features these wonderful little bits of real legal advice that’s accurate, but really shitty.
Just because the law allows for something, does not make that law good, useful or even something “right”. Of course, we all know that if morals don’t really apply to law, that’s more of a theological debate (so a bit off topic)
With the typo in the headline (“Lamar Jackson, Troy Aikmen Settle Dumb Trademark Dispute Over The Word ‘EIGHT’”), I have to ask: Would “Aikmen” be the plural form of “Aikman”?
All maths class,s cancelled in America as they can’t use the word eight .
No one should get a trademark on one word that shows no creativity .will all books that have eight in the title be banned. Company’s can get trademarks on words like Lego or Disney or Ford motor company not single words that are in common use usually
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Why was 6 afraid of 7?
Because 7 sued [NAME WITHELD FOR LEGAL REASONS] for trademark infringement.
Okay, okay, I’ll see myself out.
Neither of these trademarks should have been granted given the existing number/word is too broad.
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Yeah, Lamar Jackson shouldn’t be able to have protection of his unique wording for his brand, and the next time you go for a Mickey D’s and it tastes like crap because no one should be allowed a trademark on the common Scottish name “McDonald”… Dipshit.
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MasterB8ters…
MasterH8ters.