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player ready...Teresa Earnhardt’s attorneys have issued some clarification involving her reasons for the legal scrum involving her step-son, Kerry Earnhardt.
It only seems to foster more confusion and controversy over rights to a name.
“The naming of any project called ‘Earnhardt Collection’ causes confusion as being associated with Dale Earnhardt, as the Dale Earnhardt brands and marks are so diverse across multiple industries and philanthropic causes. … [And it] could be used to exclude Dale Earnhardt Inc., the designated steward of Dale’s legacy, from the same use,” law firm Alston & Bird said in its statement to ESPN.com.
“By not coordinating these [trademark] activities rightfully, these individuals and entities fail to recognize the true legacy of Dale Earnhardt.”
Teresa is suing Kerry, Dale’s oldest son, for using the Earnhardt name in a business venture. Kerry, who once gave it a go at racing as well, wants to market and promote a line of homes and furniture called the “Earnhardt Collection.”
Teresa has filed an appeal in federal court, after she was shot down by the U.S. Patent and Trademark Office.
The family spat has gone viral in NASCAR country, and a vast majority of fans have turned on Teresa. Fact is, they haven’t been very warm to her since the death of her husband 15 years ago after a crash on the last lap of the Daytona 500.
Viewed as icy, distant and calculating, Teresa is getting crushed on social media. One fan labeled her the “Cruella de Vil of NASCAR.”
Since Dale’s death, Teresa has owned the rights to Dale Earnhardt Inc., a business entity that used to include a racing team that eventually disbanded in another Teresa-centric skirmish involving the departure of Dale Earnhardt Jr.
In this case, I wouldn’t hold out hope for a settlement, even though Kerry Earnhardt and his wife are open to the idea.
“The parties have to date been unable to settle their dispute. Further mediation would not be fruitful,” reads court documents filed by Teresa’s representatives.
To rinse and review, I’d suggest that Teresa let the Earnhardts do their thing, whether it’s furniture or racing.
A man has a right to his name. I’d suggest Teresa let people promote their brand, embrace their family name, and do that they want.
They are, after all, Earnhardts.
George Diaz can be reached at [email protected]. Follow him on Twitter @georgediaz