Fed. Circ. Revives Dale Earnhardt Family Trademark Fight

Law360, New York (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...
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Case Information

Case Title

Earnhardt v. Kerry Earnhardt, Inc.


Case Number

16-1939

Court

Appellate - Federal Circuit

Nature of Suit

Date Filed

April 28, 2016

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