NASCAR: Earnhardt Lawsuit Update, Appeals Hearing Pending
The lawsuit between Teresa Earnhardt and her stepson Kerry Earnhardt continues to move forward and it now appears that it will be brought before an appeals court.
Suing your family is always a sensitive subject matter. If you happen to watch any of the daytime court TV shows, one of the questions they often ask to the audience is if they would ever actually sue one of their family members. In the case of Teresa Earnhardt, it’s quite evident which side of the coin she falls on when it comes to that question.
For those not aware, Teresa is suing her stepson Kasey Earnhardt over the use of the Earnhardt name. The issue comes from the use of the name of Earnhardt in reference to the term “Earnhardt Collection.” Kerry and his wife, Rene, use the term “Earnhardt Collection” to help design and promote homes for Schumacher Homes.
While it’s called the Earnhardt Collection, there is nothing about the homes or anything associated with them that has to do with Dale Earnhardt. Following Dale’s death in 2001, Teresa gained control of her late husbands likeness. In the world of NASCAR and racing the Earnhardt name carries a lot of weight. In the world of real estate and design it’s questionable as to whether or not anyone would see the name Earnhardt and think that it was something racing related.
Teresa maintains that using the Earnhardt name on the homes could deceive or confuse customers and make them think that they are somehow endorsed or connected to Teresa or the late Dale Earnhardt. It’s this belief that spawned her filing the lawsuit.
A federal court appeals panel in Washington will hear oral arguments March 10 in the appeal of a U.S. Patent and Trademark Office ruling that Teresa Earnhardt can’t bar her stepson, Kerry, from using the term “Earnhardt Collection” to promote homes. Although Teresa has remained steadfast in her desire for the collection not to bear the Earnhardt name, she has not had a ton of success in keeping her stepson from using it.
Be sure to follow along with BTF for more updates about this lawsuit and the outcome of the hearing on March 10th.
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