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
