Trademark Battles: Athletes and the Power of Jersey Numbers

Athletes have transcended their roles on the field, evolving into powerful brands. Their jersey numb[...]

Athletes have transcended their roles on the field, evolving into powerful brands. Their jersey numbers have turned into valuable assets, extending beyond the game into apparel, restaurants, and merchandise. However, disputes over trademark rights can become complex when two athletes claim the same number for branding.
A recent high-profile case illustrates this issue: the dispute between Baltimore Ravens quarterback Lamar Jackson and Hall of Fame quarterback Troy Aikman over the number “8”. Both are seeking to trademark this number for their respective ventures, highlighting the growing trend of athletes trademarking their jersey numbers and the legal complexities involved.

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Lamar Jackson, known for his dynamic playing style, is attempting to trademark “Era 8 by Lamar Jackson” for his apparel line and the slogan “You 8 Yet?” for his restaurant, Play Action Soulfood and More. Conversely, Eight Brewing Co., co-founded by Troy Aikman, has filed a trademark application for the number “8” on clothing and other merchandise. Aikman, a Dallas Cowboys legend, also wore the number “8” during his career, intending to use it for beer and related products.

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The conflict between Jackson and Aikman revolves around the marketplace claim to the number “8”. Jackson’s legal team asserts that “8” is now deeply associated with him in the NFL, and granting the trademark to Aikman’s company could cause consumer confusion.

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Trademarking one’s brand is crucial in today’s competitive market. Athletes must protect their names, numbers, and likenesses through trademarks to maintain control over their branding and prevent unauthorized use of their image. For instance, Tom Brady has trademarked “TB12” for his apparel line, and Giannis Antetokounmpo has filed for trademark protection for both his nickname and jersey number. These actions are essential for controlling their brand image and revenue.

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Intellectual property services, such as those provided by Thrive IP, are vital in securing trademarks for logos, names, and numbers that form the basis of a brand. Athletes must prove that their mark is distinct, associated with their goods or services, and does not create confusion in the marketplace. At Thrive IP, we specialize in assisting clients in obtaining the necessary trademarks to protect their brand identity.

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Our team of experienced attorneys can guide you through the complex trademark application process, ensuring that your brand remains protected.

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Common Trademark Questions for Athletes:

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1. Can I trademark my jersey number? Yes, you can trademark your jersey number as long as it is used in connection with specific goods or services, such as clothing, merchandise, or business ventures.

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2. How can I protect my brand as an athlete? Work with an experienced trademark attorney to file for trademarks on your name, number, slogan, and other brand elements. This ensures you have exclusive rights over your branding and prevents others from using it without your consent.

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3. What happens if someone else registers a trademark for a number I use? If someone else registers a similar mark, you can file an opposition with the USPTO or take legal action to protect your brand. At Thrive IP, we can help you navigate this process.

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4. How long does it take to register a trademark? Trademark registration can take several months to a year, depending on the complexity of the case and any opposition proceedings. Our team can help expedite this process.

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Why You Need a Trademark Attorney: Trademark disputes, like the one between Jackson and Aikman, can be complicated. An experienced trademark attorney can help you avoid costly mistakes, navigate the complexities of the law, and ensure that your brand is legally protected. At Thrive IP, we specialize in intellectual property law and are here to help you safeguard your brand.

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Don’t let someone else capitalize on your hard-earned reputation. Contact Thrive IP today to schedule a consultation and learn how we can help you protect your intellectual property.

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