Kerry Earnhardt in battle with Teresa Earnhardt over name

The Lawyers have spoken...

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@aunty dive is right in that this sort of thing is perfectly legal and happens all the time.

I remember years ago when the World Wildlife Fund sued the World Wrestling Federation over the use of the WWF acronym, and this exact same debate took place. The World Wildlife Fund won the suit, and the World Wrestling Federation became World Wrestling Entertainment. As a kid, I thought it was stupid, but I eventually got over it, as did everyone else.

I don't agree with what Teresa is doing here at all, since it's Kerry's last name too, but she has the legal right to do it.
 
My opinion..... when it comes down to a trademark dispute , whoever runs out of money first (Teresa or Kerry) is the loser.
 
Mr. Gregory said:
@aunty dive is right in that this sort of thing is perfectly legal and happens all the time.

I remember years ago when the World Wildlife Fund sued the World Wrestling Federation over the use of the WWF acronym, and this exact same debate took place. The World Wildlife Fund won the suit, and the World Wrestling Federation became World Wrestling Entertainment. As a kid, I thought it was stupid, but I eventually got over it, as did everyone else.

I don't agree with what Teresa is doing here at all, since it's Kerry's last name too, but she has the legal right to do it.
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Apples to oranges

"Earnhardt" is Kerry's legal last name. The World Wrestling Federation could change their name but you can't reasonably ask Kerry to change his last name.
 
The Nature Boy said:
Apples to oranges

"Earnhardt" is Kerry's legal last name. The World Wrestling Federation could change their name but you can't reasonably ask Kerry to change his last name.
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No, but you can ask him to change the name of the homes he's building.

Like I said, I'm not saying I agree with it. I don't, at all. Just acknowledging aunty's point that this stuff isn't without precedent.
 
Mr. Gregory said:
No, but you can ask him to change the name of the homes he's building.

Like I said, I'm not saying I agree with it. I don't, at all. Just acknowledging aunty's point that this stuff isn't without precedent.
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But bringing pro wrestling examples into it helps to boost Kerry's case. There's a reason that Stone Cold Steve Austin legally changed his name to "Steve Austin."
 
He wants to trade on the old man's name, not his own.

If he didn't they'd be using the "Kerry Earnhardt Collection".
 
Kerry got to Earnhardt Collection first. So if Teresa wants to build houses she can call it Dale Earnhardt Collection. :windows:
 
aunty dive said:
He wants to trade on the old man's name, not his own.

If he didn't they'd be using the "Kerry Earnhardt Collection".
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How is that any different from anyone else with a notable last name? The name "Earnhardt" has name recognition and I don't doubt that Kerry is aware of that. But again, it's Kerry's last name and he is the son of Dale Earnhardt. No one in their right mind is going to think that Dale Earnhardt is endorsing these homes and no one cares what Teresa endorses.

If a Rockefeller started a company and called it "Rockefeller Homes," could another member of the family accuse them of trading on John Rockefeller's name?

Here's an even trickier one, how about if Anderson Cooper (the son of Gloria Vanderbilt) started "Vanderbilt Homes?" Could his family come after him? Could Vanderbilt University? After all, Vandy could also claim that Cooper was trying to cash in on their good name.

You have to prove the potential for marketplace confusion. No one is going to confuse "Earnhardt Homes" with any kind of DEI venture and that's why the Patent office denied Teresa's initial challenge. This is such an absurd suit that her attorneys should be disbarred for bringing such a frivolous action.
 
The Nature Boy said:
Or when Test changed his legal name to Andrew Test Martin so he could continue using "Test" on the independent scene.

You've just introduced something that REALLY helps Kerry's case.
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I didn't know about Test either. That's crazy that these guys legally change their names.

As for the second sentence, cool. I mean, I'm on Kerry's side in this anyway. You seem to think otherwise. :lol2:
 
^^ I'm sure this isn't the first time one of these rulings has been appealed, just as I'm sure I could find a lawyer that had an opinion on the frivolous nature of this one that differs from yours.

Obviously, no-one is confused about whether or not Dale Earnhardt is endorsing the homes. I would call that a frivolous argument and threaten to seek to have you disbarred. You're quite right ... there would be no market confusion, just the simple fact that the shorter name would sell better.

It's interesting that the eldest son has trademarked his own name, which by the way was not his name for 13 or so years. I wonder why he did that?

Equally interesting that DEI seeks no revenue from Kerry's enterprise.
 
The Nature Boy said:
How is that any different from anyone else with a notable last name? The name "Earnhardt" has name recognition and I don't doubt that Kerry is aware of that. But again, it's Kerry's last name and he is the son of Dale Earnhardt. No one in their right mind is going to think that Dale Earnhardt is endorsing these homes and no one cares what Teresa endorses.

If a Rockefeller started a company and called it "Rockefeller Homes," could another member of the family accuse them of trading on John Rockefeller's name?

Here's an even trickier one, how about if Anderson Cooper (the son of Gloria Vanderbilt) started "Vanderbilt Homes?" Could his family come after him? Could Vanderbilt University? After all, Vandy could also claim that Cooper was trying to cash in on their good name.

You have to prove the potential for marketplace confusion. No one is going to confuse "Earnhardt Homes" with any kind of DEI venture and that's why the Patent office denied Teresa's initial challenge. This is such an absurd suit that her attorneys should be disbarred for bringing such a frivolous action.
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Time for another analogy but if Kerry was selling cars painted up with the #3 on them in Wrangler or Goodwrench colors and marketing them under "The Earnhardt Collection" it could be seen as very confusing. However you would have to be the village idiot to link homes being sold under "The Earnhardt Collection" to Dale, Ralph or my late friend Mike Earnhardt who was actually a Bill Elliott fan.
 
aunty dive said:
^^ I'm sure this isn't the first time one of these rulings has been appealed, just as I'm sure I could find a lawyer that had an opinion on the frivolous nature of this one that differs from yours.

Obviously, no-one is confused about whether or not Dale Earnhardt is endorsing the homes. I would call that a frivolous argument and threaten to seek to have you disbarred. You're quite right ... there would be no market confusion, just the simple fact that the shorter name would sell better.

It's interesting that the eldest son has trademarked his own name, which by the way was not his name for 13 or so years. I wonder why he did that?

Equally interesting that DEI seeks no revenue from Kerry's enterprise.
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You trademark your name for merchandising reasons. It's common practice. But the only argument that Teresa would have is the potential for people to think that DEI is endorsing the homes. I see absolutely no risk of that happening and neither did the patent office when they told her to piss up a rope.

It doesn't matter what Kerry Earnhardt's legal name when he was a child. He's still the biological son of Dale Earnhardt and entitled to the Earnhardt name. As the examples I provided show, people have legally changed their names to bypass trademarks so I don't think that Kerry Earnhardt, biological son of Dale Earnhardt, who has that last name for the vast majority of his life is going to encounter much difficulty here.
 
Definitely a lawyer.

At some point, the appeal will result in a ruling. Should be interesting.
 
Mr. Gregory said:
I didn't know about Test either. That's crazy that these guys legally change their names.

As for the second sentence, cool. I mean, I'm on Kerry's side in this anyway. You seem to think otherwise. :lol2:
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Back in the 80's Mark Clayton and Mark "Super" Duper, known as "The Marks Brothers", hauled in bombs thrown by Dan Marino. Mark Duper had his name changed from Mark Duper to Super Duper and I'm dyin if I'm lyin'

The late Jim Helwig of WWF fame better known as "The Ultimate Warrior" legally changed his name to "Warrior."

Marvin Hagler is legally known as Marvelous Marvin Hagler

Walker Smith Junior was legally Sugar Ray Robinson

Ron Artest is legally Meta World Peace
 
Skoalbandit33 said:
Back in the 80's Mark Clayton and Mark "Super" Duper, known as "The Marks Brothers", hauled in bombs thrown by Dan Marino. Mark Duper had his name changed from Mark Duper to Super Duper and I'm dyin if I'm lyin'

The late Jim Helwig of WWF fame better known as "The Ultimate Warrior" legally changed his name to "Warrior."

Marvin Hagler is legally known as Marvelous Marvin Hagler

Walker Smith Junior was legally Sugar Ray Robinson

Ron Artest is legally Meta World Peace
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Super Duper. Wow. LOL.

The only one of those that I knew about was Artest.
 
Kerry was born an Earnhardt. He was adopted by his mother's new husband after her divorce from Dale. His name was legally changed from Kerry Earnhardt to Kerry Key when he was a baby. He was a teenager when he found out who his real father was. That's when he legally changed it back to the name he was born with.
 
Pat said:
Kerry was born an Earnhardt. He was adopted by his mother's new husband after her divorce from Dale. His name was legally changed from Kerry Earnhardt to Kerry Key when he was a baby. He was a teenager when he found out who his real father was. That's when he legally changed it back to the name he was born with.
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Wow, the waters get even murkier.
 
I think NB has uncovered a major league revenue stream.

Mebbe he should abandon the law to become a gold miner.
 
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