Start Your Engines: Legal Battle Over Earnhardt Name Revived

Kerry Earnhardt, the late Dale Earnhardt’s eldest son, applied through his Kerry Earnhardt Inc. company in 2011 to register “Earnhardt Collection” for both furniture and custom home design. In 2012, Dale Earnhardt’s widow and third wife, Theresa Earnhardt, filed an opposition with the Trademark Trial and Appeal Board (TTAB) seeking to block Kerry’s application. Theresa is Kerry’s stepmother and owner of Dale Earnhardt Inc., and already own a number of “Earnhardt” registrations for a wide variety of goods.

In February of 2016, the TTAB dismissed …

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