Dale Earnhardt’s Widow Teresa Once Sued His Son, Kerry Earnhardt, Over The Use Of His Own Last Name

No wonder NASCAR fans don’t like her…

Teresa was the third wife of Dale Earnhardt, and the stepmother to Dale Earnhardt Jr. And when Earnhardt tragically lost his life in the final turn of the Daytona 500, Teresa suddenly inherited another role as NASCAR team owner and executor of all things Dale Earnhardt.

Dale had started his race team, Dale Earnhardt, Inc., in the 1980s to field cars for himself in the then-Busch Series. The team eventually grew into the Cup Series, and in 2000 he began fielding a car for his son, the now-iconic Budweiser #8 Chevy.

Longtime NASCAR fans know how the story ends: The sport’s most popular driver, Dale Earnhardt Jr., ended up leaving the team his father built after a bitter (and public) battle with his stepmother over ownership in the company, and the team folded just a few years later.

It’s a saga that’s left many in the sport unwilling to even discuss Teresa Earnhardt. And when the fans discuss her, they usually don’t have many nice things to say.

Teresa and her stepchildren Dale Jr., Kelley Earnhardt-Miller and their half-brother Kerry, have had a turbulent relationship to say the least. And a big part of that has been Teresa’s battle for control of all things Earnhardt.

Like her struggle with Dale Jr. over DEI, Teresa has also gone to battle with Kerry Earnhardt over his use of the Earnhardt name and attempts to carry on his father’s legacy.

In addition to being a race car driver himself, Kerry Earnhardt also launched his own lifestyle brand, The Earnhardt Collection, back in the early 2010s. And as part of the Earnhardt Collection, Kerry and his wife Rene entered into a partnership with Schumacher homes to launch a line of custom-built and designed homes. The couple even planned on adding furniture to the collection for a whole line of home furnishings.

But apparently Teresa Earnhardt wasn’t a fan.

Kerry Earnhardt registered a trademark for the Earnhardt Collection back in 2011. But in 2012, Teresa filed an opposition to the trademark, claiming that it infringed on her registered trademark for the name “Dale Earnhardt,” as well as her common law right to simply the last name “Earnhardt.”

Now, let’s step back for a second: Earnhardt is Kerry’s last name. He got it from his dad, the man who Teresa was suing on behalf of after inheriting his estate (which included his trademark) after his death. Sure, it was also Teresa’s last name, but she married into the name. Kerry was born with it, and was carrying on his dad’s legacy – while his stepmom sought to prevent him from using his own last name on his business.

According to Teresa:

“Applicant’s potential use of Earnhardt Collection on furniture may falsely suggest to the public in this country that such goods enjoy a sponsorship approval or other commercial connection with Dale Earnhardt or his successor-in-interest.”

I mean, he is connected to Dale Earnhardt…it’s his son.

Well Teresa’s opposition was initially denied by the Trademark Trial and Appeal Board, but she wasn’t going to stop there and in 2016 she filed an appeal in the US Court of Appeals, arguing that there was a likelihood of confusion between her trademark and “The Earnhardt Collection.”

At the time, Kelley Earnhardt-Miller blasted her stepmother for opposing Kerry’s use of their family name:

And Kerry testified that his late father was supportive of his use of his last name:

“I was born an Earnhardt and I felt that I had the right to own that name and be part of me, and he was all for it.”

Obviously there wasn’t any question whose side NASCAR fans were on, with Teresa once again becoming public enemy #1 for the legions of diehard Dale Earnhardt and Dale Jr. fans.

But the federal court ended up siding with Teresa (partly) and overturning the Trademark Board’s ruling, sending the decision back down to the Board to determine whether “The Earnhardt Collection” was primarily a surname, and therefore not something that could be trademarked, or whether the name was sufficiently descriptive of the collection.

And with the decision being sent back down to the Board, Teresa’s opposition to the trademark was eventually upheld – meaning Kerry could no longer trademark “The Earnhardt Collection,” despite the fact that it was his last name and his own business.

No wonder NASCAR fans don’t like Teresa.