Dale Earnhardt Case Study

Decent Essays
There’s a bit of drama going on amongst the family members of the late Dale Earnhardt Sr., and it’s not over where Thanksgiving dinner will be held—it’s over who has the rights to use the Earnhardt name.

The former NASCAR driver’s widow, Teresa Earnhardt, wants to keep the name from being used by Earnhardt’s son and her stepson, Kerry Earnhardt, and his wife in their home designs and furniture business. According to reports from ESPN, Kerry Earnhardt and his wife promoted the “Earnhardt Collection” in a project alongside Schumacher Homes and plan to start a furniture collection by the same name. The pair offers home designs in 14 different states.

But if Teresa Earnhardt has her way, that won’t happen—at least, under the Earnhardt name. From Bob Pockrass at ESPN:
…show more content…
Patent and Trademark Office ruling that denied Teresa’s challenge to the “Earnhardt Collection” trademark applied for by Kerry Earnhardt Inc.
According to ESPN, Teresa Earnhardt did not testify in the case but made a statement in the appeal that using the name “Earnhardt Collection” will likely “deceive or cause confusion among people that the homes and products are endorsed by Dale Earnhardt or by her.”

But Kerry Earnhardt didn’t always have the Earnhardt name. He moved in with his mother and took the last name of Key at age three, per ESPN. He said in a testimony to the Trademark and Trial Appeal Board that his father later helped him get the Earnhardt name

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