Dale Earnhardt Jr. supporting half-brother in name dispute
Dale Earnhardt Jr. is standing by his half-brother Kerry Earnhardt regarding their stepmother's appeal of Kerry's usage of the Earnhardt name.
Teresa Earnhardt, Dale Earnhardt's widow, has filed to prevent Kerry from using "Earnhardt" in his "Earnhardt Collection" of homes. Teresa originally filed a motion in a U.S. patent court. After her original motion was denied, she filed an appeal earlier in the month.
Teresa is the owner of Dale Earnhardt, Inc., the company Dale started before his death in 2001.
“This is a business venture that he’s put a lot of effort and heart and soul in that I think he deserves,” Junior told the Charlotte Observer. “So in this particular case, I side with my brother and his belief to be able to use the name as is – without any alterations or changes.”
Kelley Earnhardt Miller, Junior's sister who serves as the vice president of their JR Motorsports team, has previously expressed her distaste for the appeal. After news of the appeal became public, Teresa's attorneys issued a statement about the reasoning for the appeal. From ESPN:
"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.
It went on to say it has not requested any payment from Kerry Earnhardt.
"By not coordinating these [trademark] activities rightfully, these individuals and entities fail to recognize the true legacy of Dale Earnhardt," the statement said about anyone who attempts to use the Dale Earnhardt and Earnhardt marks.
Teresa was Dale's third wife. Kerry Earnhardt is Dale's oldest child and Kelley and Junior were born to Dale's second wife, Brenda Gee.
Earnhardt Jr. qualified 25th for Sunday's Coca-Cola 600.
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Nick Bromberg is the editor of From The Marbles on Yahoo Sports. Have a tip? Email him at nickbromberg@yahoo.com or follow him on Twitter!