Teresa Earnhardt, known for being staunchly protective of the Dale Earnhardt brand and marks, is trying to keep a couple from using ‘Earnhardt’ in the name of homes they developed. That couple? Dale Earnhardt’s son Kerry Earnhardt and Kerry’s wife, Rene. Teresa Earnhardt, Kerry’s stepmother and Dale’s widow, doesn’t want the couple to use the name Earnhardt Collection and filed an appeal last week in federal court over a U.S. Patent and Trademark Office ruling that denied Teresa’s challenge to the ‘Earnhardt Collection’ trademark applied for by Kerry Earnhardt Inc.
‘Rene and I have worked extremely hard to develop the Earnhardt Collection brand and make it uniquely ours,’ Kerry Earnhardt said in a statement to ESPN.com ‘I chose to leave a successful career in racing and could not be happier with what we’ve been able to achieve in the five years we’ve been building our home lifestyle brand inspired by our love of the outdoors.’
Teresa Earnhardt didn’t testify in the [trademark] case but states in her appeal that the name Earnhardt Collection is likely to deceive or cause confusion among people that the homes and products are endorsed by Dale Earnhardt or by her. Kelley Earnhardt-Miller, daughter of Dale and second wife Brenda Jackson, testified that no one has confused the Earnhardt Collection of being associated with her brother, Dale Earnhardt Jr.(ESPN.com)(5-7-2016)
UPDATE: Teresa Earnhardt has battled for four years to try to get her stepson Kerry Earnhardt to change the name for a collection of homes Kerry and his wife design and promote through the ‘Earnhardt Collection’ brand. Why? Her attorneys issued a statement approved by Dale Earnhardt Inc., which has been solely owned by Teresa since the seven-time Sprint Cup champion’s death on the final lap of the 2001 Daytona 500. ‘The naming of any project called ‘Earnhardt Collection’ causes confusion as being associated with Dale Earnhardt, as the Dale Earnhardt brands and marks are so diverse across multiple industries and philanthropic causes. ‘¦ [And it] could be used to exclude Dale Earnhardt Inc., the designated steward of Dale’s legacy, from the same use,’ law firm Alston & Bird said in its statement. It went on to say it has not requested any payment from Kerry Earnhardt. ‘By not coordinating these [trademark] activities rightfully, these individuals and entities fail to recognize the true legacy of Dale Earnhardt,’ the statement said about anyone who attempts to use the Dale Earnhardt and Earnhardt marks. Could there be a settlement? Well, take this for what it’s worth: A Kerry Earnhardt filing Thursday stated that Kerry and his wife are open to mediation. Teresa? Her filing states: ‘The parties have to date been unable to settle their dispute. Further mediation would not be fruitful.’(ESPN.com)
