The Great 8 Trademark Debate
by Michael C. Antone, IP Attorney
“Who is the Great 8?”
The answer ranges widely depending on who you ask and in which sport.
- In hockey, Washington Capitals star Alex Ovechkin, often referred to as The Great 8 (13-time All-Star, Stanley Cup Winner), recently passed Wayne Gretzky as the NHL’s all-time leading goal scorer.
- In baseball, Yogi Berra (18-time All-Star, 10-time World Series Champion), Carl Yastrzemski (18-time All-Star, Triple Crown Winner), and Cal Ripken, Jr. (19-time All-Star, 2,632 consecutive games played, World Series Champion) are often cited.
- In basketball, Kobe Bryant’s 18-time All-Star and 5-time NBA Champion stats stand out amongst the many 8s that have played in the NBA.
- In football, hall of famers Steve Young (7-time Pro Bowler, 2-time NFL MVP, 3-time Super Bowl Champion, Super Bowl MVP) and Troy Aikman (6-time Pro Bowler, 3-time Super Bowl Champion, Super Bowl MVP) both offer compelling statistics and recently Lamar Jackson (4-time Pro Bowler, 2-time NFL MVP) has posted impressive statistics.
In the world of sports merchandising, branding, and trademarks, the debate over the great 8 is not just light conversation, but a question of who should be able to derive economic value from the number 8.
A US registration for a trademark, i.e., brand, gives the owner the exclusive right to use that trademark on the products or services for which the trademark was registered throughout the United States and to prevent others from using confusingly similar trademarks. Trademarks are how brands are protected against brand pirates and other competitors that may seek to benefit from the economic value that you have built in your brand.
Alex Ovechkin’s Great 8 LLC owns one US Trademark registration and one pending US Trademark application for THE GR8 CHASE trademark for various memorabilia of his pursuit of the NHL goal scoring record.
Lamar Jackson has US Trademark registrations for the phrase YOU 8 YET? (USRN 7301096) for restaurant services and for 2018 ERA 8 BY LAMAR JACKSON 2018 logo (USRN 7279545) for apparel, and has pending US trademark applications for ERA 8, (USAN 97357201), ERA 8 BY LAMAR JACKSON, (USAN 88835266), and YOU 8 YET? (USAN 97409761) for various apparel.
Troy Aikman is affiliated with FL101, Inc., which has filed 9 US Trademark applications for the word “Eight” for various goods and services ranging from beer to apparel.
The great 8 trademark debate escalated when Aikman’s US Trademark application for “Eight” for apparel was approved, prompting Lamar Jackson to oppose the registration of Aikman’s mark by arguing that Aikman’s registration of the Eight mark would cause confusion among consumers in view of Jackson’s registered trademarks, his status as an NFL star player, and his use of the number 8 in commerce. The opposition is ongoing in the US Trademark Office.
The question of who is THE Great 8 will no doubt continue to consume countless hours of sport talk for years to come, but for business owners, the great 8 trademark debate provides a reminder of the importance of using trademarks to protect the value you have built in your brands.
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