Dale Earnhardt Jr. couldn’t have been happier when he finally reclaimed the ownership of the iconic number #8 from the DEI days. After years of longing to bring back the number that defined his early NASCAR career, the chance finally arrived when his stepmother, Teresa Earnhardt, surprisingly let the trademark rights expire in 2024. This meant the No. 8—one that Dale Jr. had raced with from 1999 to 2007—was back in his hands.

When JR Motorsports announced that young driver Sammy Smith would be behind the wheel of the No. 8 in the 2025 NASCAR Xfinity Series, Earnhardt Jr. shared his excitement with fans. “It’s awesome to have this number and font back at JR Motorsports. Can’t wait to see it on Sammy Smith’s car next season,” he posted. This moment felt like a full-circle victory, especially since Teresa Earnhardt had refused to let Dale Jr. take the No. 8 with him when he left Dale Earnhardt Inc. (DEI) for Hendrick Motorsports in 2007.

But what seemed like a celebration soon turned into a legal nightmare. As Dale Jr. sought to secure a trademark for his stylized No. 8, Baltimore Ravens quarterback Lamar Jackson filed an opposition with the U.S. Patent and Trademark Office (USPTO). Jackson claimed that Earnhardt Jr.’s trademark application conflicted with his own “Era 8” brand. Now, the number that once caused a deep rift between Dale Jr. and Teresa Earnhardt is once again at the center of controversy.

Did Teresa Earnhardt set Dale Earnhardt Jr for a legal showdown?

Since the tragic death of Dale Earnhardt in Daytona, 2001 the strained relationship between Teresa Earnhardt and Intimidators Kids dominated headlines. The tension between the two peaked in 2007, when Dale Jr decided to move out of DEI to join Hendrick Motorsports. He had wanted to take the number with him to Hendrick Motorsports, but Teresa refused, demanding a share of licensing revenue and insisting on getting the number 8 back after Dale Jr. retired.

Frustrated, Earnhardt Jr. walked away, stating, “She either feels too personal about the number, or the rift between me and her is too personal.” For years, Teresa kept No. 8 under lock and key, even as DEI faded away. Fast forward to June 2024: out of nowhere, she lets the trademark lapse. With Teresa no longer holding the rights, Dale Jr. saw an opportunity and quickly moved to reclaim the number for JR Motorsports.

But the timing of Teresa’s departure raised eyebrows. Around June 2024, Lamar Jackson was busy protecting his turf. The Baltimore Ravens quarterback filed a trademark opposition against Hall of Famer Troy Aikman for trying to claim the word “EIGHT” on merchandise. Despite these battles, just a few months after, Teresa decided to leave the trademark Dale Jr filled for it.

He filed to trademark two versions of the No. 8—one matching his DEI-era font and another simpler one used by JR Motorsports. Jackson didn’t go after the nostalgic DEI font, likely out of respect for its legacy. But that second version? That’s where the conflict begins. On April 2, 2025, Lamar Jackson filed a Notice of Opposition with the U.S. Patent and Trademark Office, arguing that Dale Jr.’s application would confuse customers.

Jackson’s claim? The No. 8 is deeply tied to his “Era 8” brand—used on clothing, bags, and other gear—and allowing Dale Jr. to trademark a similar number could imply a false connection between them. His legal team stated: “(Earnhardt Jr.’s) mark falsely suggests a connection with persons, living or dead, namely, Lamar Jackson, who is well known by the number 8.” Coincidence? Maybe. But the timing is raising multiple questions. What if Teresa had allowed Dale Jr to go with No.8 in 2007? Why did she let the trademark expire after 17 years? Let’s understand the possible outcomes of this battle before going into it.

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What’s next for Dale Jr? Could he lose the battle?

The legal process now moves to the Trademark Trial and Appeal Board (TTAB). This is not a full-blown lawsuit just yet—it’s an administrative battle over registration rights. The TTAB can’t award damages or stop Dale Jr. from using the number. It can only say whether or not he can officially trademark it. However, this process could take years. If the case goes to trial, it won’t begin until at least mid-2026.

Notably, most cases like this end in settlements before reaching that stage, but if no agreement is made, the legal fight could drag on. Jackson’s past legal battles offer some insight into how this might play out. His case against Troy Aikman remains unresolved, with both parties still in settlement talks. Like Dale Jr., Aikman has a strong claim to the number 8, but Jackson is aggressively protecting his brand.

It’s unlikely that any one athlete will get exclusive rights to the number 8. The number is too common in sports. The NASCAR Hall of Famer and Jackson may both get trademarks by adjusting their branding slightly. Jackson is taking steps to protect his “Era 8” brand. Earnhardt Jr. wants to keep the number that ties to his family’s racing legacy.

So, is Dale Earnhardt Jr. getting sued by Lamar Jackson because of Teresa Earnhardt? Not exactly. But Teresa held onto the No. 8 for years and refused to give it up. Her sudden decision to let it go in 2024 opened the door for this mess. If she had handed it over in 2007, Dale Jr. might have secured it long ago. This legal clash could have been avoided. Now, two superstar athletes are facing off over a single digit that means something very different to each of them.