Letter from the Editor-in-Chief

THOMAS A. WARD
Editor-in-Chief of New Matter

WELCOME TO THE SUMMER EDITION OF New Matter for 2025. The cover of this edition showcases the trademark dispute over the number "8" by Baltimore Ravens quarterback Lamar Jackson and NASCAR driver Dale Earnhardt Jr. Jackson who had filed an opposition claim with the USPTO in April of 2025, beginning the dispute after Earnhardt attempted to trademark a stylized number eight. Jackson’s opposition followed Earnhardt Jr.’s attempt to trademark the number for merchandising, as Jackson also used the number 8 and has a trademark for "ERA 8." The trademark dispute was resolved, with Earnhardt Jr. agreeing to use a stylized version of the number and abandon his team’s original logo. Interestingly, Lamar Jackson had previously challenged Dallas Cowboy quarterback Troy Aikman’s trademark application for "EIGHT" on apparel and bags. Arguably, the dispute over a likelihood of confusion among consumers between two football quarterbacks might be significantly greater than the dispute between a football quarterback and a race car driver. The trademark battles over the number 8, though not involving any court decision, illustrate issues that can occur between trademark applicants over similar marks. Such trademark battles are informative about trademark practice and hopefully provide entertainment for our IP attorney readers.

For this issue, I continue to thank our New Matter editorial staff for accomplishing the work to get this publication to you. In particular, thanks to Amanda Nye who is the Acquisition Editor, Anthony Craig and Leaf Williams who are Co-Production Editors, and Dab-ney Eastham who is Senior Articles Editor.

Also, I continue to thank the members of the IP Executive Committee and California Lawyer’s Association who provided support for each issue. On behalf of all the New Matter staff, we hope you are enlightened and informed by this issue of New Matter.