Fed. Circ. Revives Dale Earnhardt Family Trademark Fight

By Bill Donahue (July 27, 2017, 5:04 PM EDT) -- The Federal Circuit on Thursday revived a trademark dispute between the widow and son of late NASCAR driver Dale Earnhardt, calling an earlier ruling dismissing the case "deficient."

Siding with widow Teresa Earnhardt, the appeals court said the Trademark Trial and Appeal Board had failed to properly evaluate whether son Kerry Earnhardt's "Earnhardt Collection" — a trademark he wants to register for custom homes — was "primarily merely a surname."

"Because it is unclear whether the board's analysis properly applied [our case law], we vacate and remand for reconsideration," U.S. Circuit Judge Raymond T. Chen wrote for the three-judge panel....

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