Kerry Earnhardt in battle with Teresa Earnhardt over name

dpkimmel2001

dpkimmel2001

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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.

Kerry and Rene helped design and promote the "Earnhardt Collection" of homes built by Schumacher Homes. They also plan to add furniture to the Earnhardt Collection brand.

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.

read the rest here.....

http://espn.go.com/racing/nascar/story/_/id/15474534/kerry-earnhardt-battle-teresa-earnhardt-name
 
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"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."

:rolleyes:

A battle between two sides trying to capitalize off what someone else accomplished. But, in fairness to Kerry, it is his name too and Teresa looks extremely petty.
 
The Nature Boy said:
Wait, what?!?!!

Teresa married into the Earnhardt name. Kerry is Dale's actual, biological child and has more of a right to the Earnhardt name than she does. Like WTF is this woman's problem?
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Copyright law. Trademarks, etc., etc.

You're familiar with this stuff, aren't you?
 
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BobbyFord said:
I get that part of it. I just can't believe she's doing this.
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Who knows how much unpleasantness went on outside the public purview? No way to know.

Unfortunately, these things are rather common.
 
I'm not judging her. Who knows what BS those kids MAY have put her through feeling entitled when she was there helping him build the brand. Didn't he say she was the business mind in their relationship.

But I don't see where she has a real case here IMO. It's his name too and if he can profit from his relationship with is Dad, so be it.
 
^^ She has a case or she wouldn't have sent the high dollar lawyer.
 
dpkimmel2001 said:
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.

Kerry and Rene helped design and promote the "Earnhardt Collection" of homes built by Schumacher Homes. They also plan to add furniture to the Earnhardt Collection brand.

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.

read the rest here.....

http://espn.go.com/racing/nascar/story/_/id/15474534/kerry-earnhardt-battle-teresa-earnhardt-name
Click to expand...

Screw that. Kerry has more right to the name than Teresa does. He has been building these houses for quite some time now. Why is she suddenly interested ?
 
The Nature Boy said:
There's an exception in American trademark law if it's your actual name. You can't trademark a person's name.

I have a law degree, thank you.
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I'll add an addendum here:

You can trademark your name, you just can't keep people with the same name from using it. You can't trademark someone else's name and keep them from using it.
 
The Nature Boy said:
There's an exception in American trademark law if it's your actual name. You can't trademark a person's name.

I have a law degree, thank you.
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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.
Click to expand...

Looks like Kerry and his wife want a trademark. Teresa has a bunch of them already.

Follow da money.
 
The Nature Boy said:
You can trademark your name, you just can't keep people with the same name from using it.
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I'm aware of cases where companies have prevented people with the same name of using it. Gallo wine v Gallo cheese?
 
Following Sr's death and the brew-ha-ha that followed there was talk of how she was a gold digger and none of the family was thrilled about her from day one. All rumors and speculation that she was the driving force for Jr to end up in military school. Not many friends outside the family cared for her either.
 
If Kerry Earnhardt was attempting to pass off what he was building and selling as something Dale had designed or approved of that would be one thing. If he had the #3 Goodwrench Chevy or a likeness of Dale in his advertising it would be over the top but using your surname as your company name and promoting that name is not wrong.
 
Skoalbandit33 said:
If Kerry Earnhardt was attempting to pass off what he was building and selling as something Dale had designed or approved of that would be one thing. If he had the #3 Goodwrench Chevy or a likeness of Dale in his advertising it would be over the top but using your surname as your company name and promoting that name is not wrong.
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Exactly.

It's the same reason Lowe's Foods and Lowe's Home Improvement both exist. You might have an argument if a guy named Joe Hershey opened a chocolate business but this is just an asinine suit.
 
aunty dive said:
No, I'm not. I simply stated a fact.

Would you like to dispute it?
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There is nothing to dispute as there has been no trademark or copyright infringement and as far as bringing suit goes nuisance suits are filed all the time and a lot actually make it through to clog up the court's docket.

If Kerry was using his father's likeness or or using his father's name in anyway to sell his wares it would be one thing but it is obviously not the case.
 
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Skoalbandit33 said:
There is nothing to dispute as there has been no trademark or copyright infringement and as far as bringing suit goes nuisance suits are filed all the time and a lot actually make it through to clog up the court's docket.

If Kerry was using his father's likeness or or using his father's name in anyway to sell his wares it would be one thing but it is obviously not the case.
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What does that have to do with the fact I stated?
 
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