Kerry Earnhardt in battle with Teresa Earnhardt over name

As far as I'm concerned the Earnhardt legacy is entirely built from Dale's accomplishments as a driver. All Teresa did was marry the man. My opinion.

The name belongs to her, as his widow, but more so to his children. Dale Jr., Kerry, Kelly. Teresa is nothing but a bitter old shrew.

As far as DEI goes, I'd put it 50/50 on both Jr. and Teresa's shoulders. The inability to compromise on both their parts, killed a largely successful program that should've been a continuation of Dale Sr.'s legacy for years to come.
 
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hidesert cowboy said:
so we are going to blame JR for running bad at a company who failed after he left. Its clear they couldn't stay in business without dale jr being there. perhaps if they were better at running the company they could have been successful without him. that to me says even with dale jr the company was likely not ran very well. Gene haas gave tony half his company, today his half is worth WAY WAY more than the whole company he once had. so did gene do the right thing or not, heck yeah he did. The same thing teresa should have said to herself. giving JR control of the place is better than ALL of nothing right now. There is no company left I don't think Teresa ever really ever wanted to run a race team and she was never at the racetrack.

the stupid thing is I actually think Kelly is a pretty decent business person. Dale jr is also pretty frugal with his money. both would have been a good choice to maintain the family business. Teresa was too blind to see it.
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I never said Teresa was perfect, but Dale Jrs driving got progressivly worse while at DEI. Not just slower, but more error prone as well.
And he was still in a driving funk when he came to HMS.
I get no pleasure in posting those facts, because Dale Jr is one of the nicest guys in racing, and he truly gives back. His driving is a lot better now, and that deserves respect as well.

But that doesn't erase the way he driving declined when DEI needed it most.
It also doesnt change the fact that he was too immature and undisciplined to handle the 51 percent he was asking for at the time.
In a time were the teams best driver Steve Park was lost to too many hard hits, he could have steped up and shown the kind of character to do the job he claimed he wanted.

People just love attacking Teresa as the terrible force at the time. She definitely had more limitations, especially with Dale Jrs sponsorship capabilities.
He probably would have kept the doors open but it would have continued to go down hill performance wise.

I also posted a similar thought on an older thread here at RF. It is not my desire to trash Dale Jr.
But he was a part of the problem, not the solution.
I am just objecting to the (imo) history revision.

A long post thanks for the patience.

http://motorsports.nbcsports.com/20...r=155869377766434&cid=sm_fb_20141019_34032327

^
Dale Jr. admits he coasted earlier in his career — ‘I just rested on my legacy and last name’

Greg said:
Looking back on the interview I respect him even more. Very few are so openly honest, and he was very hard on himself. That is a rare thing among drivers.
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Greg said:
And she was right.
I always amazed at the people that discredit her for the downfall of DEI. They probably would have sunk with Dale Jr running the team, he wouldn't have had Letarte to turn him around. The first time I heard him say 51% I knew it was profoundly stupid, and that it would have been a shipwreck as well. The king of an empire doesn't accept a Letarte type of discipline.

But I do appreciate his honesty and integrity in the interview. It may not sound like it but I really like him as an individual, one of the nicest drivers imo.

I just have a lot of disgust for folks that like to portray Teresa as an sinister force. Dale Sr was the work horse the builder of the Empire, but I doubt that DEI would have existed without her helping Sr to manage his buisness. She was far more foundational than Junior imo, and she didn't get the respect she deserved.

Once again I appreciate his honesty, I always believed what he said prior to today, it was obvious he wore it on his sleeve. He is a good guy imo. The honesty is integrity at its best imo.
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Greg said:
I never said Teresa was perfect, but Dale Jrs driving got progressivly worse while at DEI. Not just slower, but more error prone as well.
And he was still in a driving funk when he came to HMS.
I get no pleasure in posting those facts, because Dale Jr is one of the nicest guys in racing, and he truly gives back. His driving is a lot better now, and that deserves respect as well.

But that doesn't erase the way he driving declined when DEI needed it most.
It also doesnt change the fact that he was too immature and undisciplined to handle the 51 percent he was asking for at the time.
In a time were the teams best driver Steve Park was lost to too many hard hits, he could have steped up and shown the kind of character to do the job he claimed he wanted.

People just love attacking Teresa as the terrible force at the time. She definitely had more limitations, especially with Dale Jrs sponsorship capabilities.
He probably would have kept the doors open but it would have continued to go down hill performance wise.

I also posted a similar thought on an older thread here at RF. It is not my desire to trash Dale Jr.
But he was a part of the problem, not the solution.
I am just objecting to the (imo) history revision.

A long post thanks for the patience.

http://motorsports.nbcsports.com/20...r=155869377766434&cid=sm_fb_20141019_34032327

^
Dale Jr. admits he coasted earlier in his career — ‘I just rested on my legacy and last name’
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I don't agree with most of that. Dale jr admits he didn't take things as serious as he should have. The main reason why is he no understands just how much of an equipment advantage they had at that time. He knows they could have won a lot more races. With that said you forget what DEI did, They tried to punish jr they took away his cars and his CC and gave them to michael waltrip. pops eury was also never his CC again. Tony jr has always been the car chief before that. The makeup of the team was never the same as it was after the 04 season. I think the cars were never that great the last couple years jr was at DEI for one, tony jr is no longer a cup CC. That to me says something, neither is lance mcgrew or pete rondeau. These guys were not top tier CC's or else they would have jobs still in the sport. As for Dale being a worse driver in those years? when the cars aren't that great you don't look that good as a driver. Steve park was never the driver dale jr is.

I have always felt for dale jr when it comes to teresa because the way he describes the relationship I have lived it myself in my own family. Dale jr should make some type of deal to buy teresa out and bring DEI back and run JR motorsports under that name.
 
hidesert cowboy said:
Dale jr should make some type of deal to buy teresa out and bring DEI back and run JR motorsports under that name.
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I don't agree. Dale has spent the last few years getting out from under his dad's shadow. He's made his own name, he should stick with it.
Let DEI keep on doing whatever it's doing --- which isn't much.
 
My hope is that JRM will eventually become what DEI once was. Probably not until after Dale Jr. is done Cup racing though.
 
TexasRaceLady said:
Let DEI keep on doing whatever it's doing --- which isn't much.
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I think DEI is busily collecting millions of dollars a year as a result of copyrights and trademarks of names, logos, font styles, etc. RCR the same to a lesser extent.
 
JBone88 said:
My hope is that JRM will eventually become what DEI once was. Probably not until after Dale Jr. is done Cup racing though.
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Jr is a short track lover and a great talent scout. He's the one who gave William Byron a shot. IDK what the future of JRM is but Jr is the new Mark Martin in the sense that he goes to short tracks and watches these kids. Jr has even said he'd love to race Late Models after he retires from Cup.
 
Team Penske said:
Not necessarily true, people who feel entitled do some real stupid things.
Just check her track record on running a race team when she had the most sponsor sell-able driver in the sport.
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You call it a sense of entitlement. I call it ownership of revenue producing copyrights and trademarks.
 
No longer any DEI cars on track. She's only got a gift shop and museum left at the Garage Mahall
How much involvement in ECR engines does she have or is it just in name only? .
 
Blaze88 said:
So you think it's okay, for her to tell someone born with the name they can't use it?????
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I haven't commented on the twisted dynamics of their blended family. It's none of my business.

Both of them are operating in a manner allowed by law. This stuff is very common.

http://www.bbc.com/news/business-12417757

In that case, Ford prevailed. The last paragraph explains the motivation.
 
Friday, May 06, 2016
An Open Letter To Teresa Earnhardt
Dear Mrs. Earnhardt,

Many of us were disappointed to read today that you have elected to appeal a recent U.S. Patent and Trademark Office decision upholding the right of Kerry Earnhardt – eldest son of your late husband, Dale Earnhardt, Sr. – to market homes and home furnishings under the name "The Earnhardt Collection.”

We haven’t heard much from you since the days immediately following the tragic loss of your husband on the final lap of the 2001 Daytona 500; days where you repeatedly stated how important the support and well-wishes of Dale’s fans had been in helping you and your family cope with your grief.

We grieved along with you in those dark days, mourning the loss of someone we idolized and worshipped, both for his talent behind the wheel and for his ability to remain “one of us.” We still grieve his loss, but we understand that your loss far surpassed ours. We lost our hero that day, you lost your husband.

None of us would presume to compare the two.

We understand your decision to withdraw from the NASCAR community. We understand the conflicting emotions you must certainly feel for a sport that made your husband wealthy and world famous, only to take his life. We understand your reticence to return to the site of Dale’s death, and we understand your inability to maintain a daily presence in sport that took him from you. Racing is clearly no longer part of your life, and we get that.

More difficult to understand, however, is your decision to deny the public -- Dale’s fans – virtually every opportunity to relive and rekindle the memory of his illustrious career. We’ve heard stories of you declining to loan race cars and memorabilia to organizations like the NASCAR Hall Of Fame, who desire only to preserve his memory and introduce the man called “The Intimidator” to new generations of race fans.

Even worse, we hear of the distance – both physical and emotional – that exists between you and Dale’s three eldest children; Kerry, Kelley and Dale, Jr.; as well as the continuing battles over his legacy, his estate and the race team that once bore his name.

It’s as if you believe that locking Dale’s memory behind closed doors – keeping it exclusively to yourself at the exclusion of all others – somehow endears him to us, even more.

Nothing could be further than the truth.

there's more here:
http://motorsports-soapbox.blogspot.com/2016/05/an-open-letter-to-teresa-earnhardt.html
 
aunty dive said:
I haven't commented on the twisted dynamics of their blended family. It's none of my business.

Both of them are operating in a manner allowed by law. This stuff is very common.

http://www.bbc.com/news/business-12417757

In that case, Ford prevailed. The last paragraph explains the motivation.
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When GMC produced the Syclone many moons ago the preference was to name it the Cyclone but FMC said "No way" due to the Mercury Cyclone and it made perfect sense. FMC's displeasure in the article you posted makes sense too but comparing those cases to that of a person using their surname in their business name is completely different.

Earnhardt may not be as common a surname as Smith, Jones or Johnson but it is nonetheless common. If my last name was Jordan would Micheal Jordan sue me for advertising my business as Jordan Homes? Would the estate of John Holmes sue me for calling my business "Holmes Homes?" Of course they wouldn't.
 
aunty dive said:
I haven't commented on the twisted dynamics of their blended family. It's none of my business.

Both of them are operating in a manner allowed by law. This stuff is very common.

http://www.bbc.com/news/business-12417757

In that case, Ford prevailed. The last paragraph explains the motivation.
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As I said before, marketplace confusion. Ferrari and Ford both occupy the same business niche.

Did DEI start marketing homes recently? Teresa has no leg to stand on here.
 
Pat said:
Friday, May 06, 2016
An Open Letter To Teresa Earnhardt
Dear Mrs. Earnhardt,

Many of us were disappointed to read today that you have elected to appeal a recent U.S. Patent and Trademark Office decision upholding the right of Kerry Earnhardt – eldest son of your late husband, Dale Earnhardt, Sr. – to market homes and home furnishings under the name "The Earnhardt Collection.”

We haven’t heard much from you since the days immediately following the tragic loss of your husband on the final lap of the 2001 Daytona 500; days where you repeatedly stated how important the support and well-wishes of Dale’s fans had been in helping you and your family cope with your grief.

We grieved along with you in those dark days, mourning the loss of someone we idolized and worshipped, both for his talent behind the wheel and for his ability to remain “one of us.” We still grieve his loss, but we understand that your loss far surpassed ours. We lost our hero that day, you lost your husband.

None of us would presume to compare the two.

We understand your decision to withdraw from the NASCAR community. We understand the conflicting emotions you must certainly feel for a sport that made your husband wealthy and world famous, only to take his life. We understand your reticence to return to the site of Dale’s death, and we understand your inability to maintain a daily presence in sport that took him from you. Racing is clearly no longer part of your life, and we get that.

More difficult to understand, however, is your decision to deny the public -- Dale’s fans – virtually every opportunity to relive and rekindle the memory of his illustrious career. We’ve heard stories of you declining to loan race cars and memorabilia to organizations like the NASCAR Hall Of Fame, who desire only to preserve his memory and introduce the man called “The Intimidator” to new generations of race fans.

Even worse, we hear of the distance – both physical and emotional – that exists between you and Dale’s three eldest children; Kerry, Kelley and Dale, Jr.; as well as the continuing battles over his legacy, his estate and the race team that once bore his name.

It’s as if you believe that locking Dale’s memory behind closed doors – keeping it exclusively to yourself at the exclusion of all others – somehow endears him to us, even more.

Nothing could be further than the truth.

there's more here:
http://motorsports-soapbox.blogspot.com/2016/05/an-open-letter-to-teresa-earnhardt.html
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The point made that no one is going to confuse "The Earnhardt Collection" with Dale Earnhardt makes perfect sense. As I said before if Kerry was using images of Dale, the Goodwrench Chevy or other things that would cause the public to believe that Dale was posthumously endorsing "The Earnhardt Collection" the estate of Dale Earnhardt would have a right to complain vociferously. I could even understand the estate of Dale Earnhardt being upset if Kerry put a silhouette image of himself on his advertising as he looks more like the old man then Junior. However none of this is the case.
 
The Nature Boy said:
As I said before, marketplace confusion. Ferrari and Ford both occupy the same business niche.

Did DEI start marketing homes recently? Teresa has no leg to stand on here.
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As I have said before it is apples and oranges. If my last name was Heinz and I was marketing an organic ketchup as "Heinz Organic Catsup" I would expect the full fury if the Heinz legal team on me. However if I owned a tire store and called it "Heinz Tire and Auto Repair" there would be no problem for the reasons you mentioned. IDK if the disagreement is anti Earnhardt trolling or if something else is at work.
 
The Nature Boy said:
As I said before, marketplace confusion. Ferrari and Ford both occupy the same business niche.

Did DEI start marketing homes recently? Teresa has no leg to stand on here.
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Here, if a trademark or copyright holder does not contest what they perceive to be an infringement, the door is left open for others to use the name, logo or whatever for other purposes of their own and can point to a precedent.

Is that the case in the US? In the Ford case, that was a primary motivation for their pursuit of Ferrari.
 
Congratulations Theresa, you just made me like you even less than I did and that wasn't much. (She is going to lose a lot of sleep over this isn't she?)
 
Look, she's a greedy bitch plain and simple. I wonder what kind of relationship Taylor has with Jr and her other siblings and family relatives or if her mind has been poisoned by theresa?
 
.
aunty dive said:
Here, if a trademark or copyright holder does not contest what they perceive to be an infringement, the door is left open for others to use the name, logo or whatever for other purposes of their own and can point to a precedent.

Is that the case in the US? In the Ford case, that was a primary motivation for their pursuit of Ferrari.
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That's the case in the US but it most often applies in cases like Kleenex becoming a generic term for facial tissue. There often has to be a specific thing that the word is attached to (in this case, Ford and Ferrari were fighting over a car brand). That simply isn't the case here.

Lowe's Foods and Lowe's Home Improvement co-existing hasn't resulted in Lowe's becoming a generic word for anything.
 
The Nature Boy said:
.

That's the case in the US but it most often applies in cases like Kleenex becoming a generic term for facial tissue. There often has to be a specific thing that the word is attached to (in this case, Ford and Ferrari were fighting over a car brand). That simply isn't the case here.

Lowe's Foods and Lowe's Home Improvement co-existing hasn't resulted in Lowe's becoming a generic word for anything.
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Thanks.

Earnhardt is a brand. In that part of the country, it will sell some homes. I wonder why they didn't choose to call it The Kerry Earnhardt Collection?
 
aunty dive said:
Thanks.

Earnhardt is a brand. In that part of the country, it will sell some homes. I wonder why they didn't choose to call it The Kerry Earnhardt Collection?
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And the Bush political family is a brand but they haven't sued the Bush's Baked Beans people yet. People are allowed to use their last name in commerce.
 
The Nature Boy said:
And the Bush political family is a brand but they haven't sued the Bush's Baked Beans people yet. People are allowed to use their last name in commerce.
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Does the Bush family hold any trademarks or copyrights on their name? Not a snarky question.
 
aunty dive said:
Does the Bush family hold any trademarks or copyrights on their name? Not a snarky question.
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There are 693 trademarks (according to the US Trademark database) with Bush in them. I don't know if they do and that was probably a bad example.

I DID run a search for "Earnhardt" though. Here are some findings.

- Kerry also owns the trademark for "Earnhardt Outdoors" (an entity he co-owns with Dale Jr. and Kelley)

- Teresa and Dale filed a trademark in 2000 for something called "Dr. Dale" for the use in "SUNTAN LOTIONS, LIP BALM, BODY AND FACE LOTIONS"

- Teresa and Dale tried to trademark the phrase "Seven Time Winston Cup Champion" twice in 1996 and 1997 and both times abandoned the petition.

- Teresa DOES NOT own a trademark on the word "Earnhardt."
 
aunty dive said:
Great. Tks.
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No problem.

Teresa's stance is greatly weakened by the fact that she holds no trademark on the word "Earnhardt." She doesn't even hold a trademark for the phrase "Dale Earnhardt." She holds various trademarks for logos that incorporate Dale but not the name itself.

For 13 years, Kerry Earnhardt has owned the trademark for "Kerry Earnhardt."
 
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