It's been 15 years since Dale Earnhardt Sr.'s life ended tragically in the deadly crash on the final lap of the Daytona 500. However, the drama that has been a part of his family ever since is far from over. In fact, his widow is now seeking to bar Earnhardt's eldest son from another marriage, Kerry, from using the family name.
Kerry sells and promotes homes under the name "Earnhardt Collection." Her argument is that his use of the name will detract from the legacy Dale Earnhardt Sr. left behind. Originally, Earnhardt's widow, Teresa, filed opposition to the name in 2001 and has been fighting against for the past four years.
When the case finally went to court earlier this month, the judge determined that Teresa only held the trademark for the name "Dale Earnhardt." Court documents show since Kerry is only using the name "Earnhardt," that there is no confusion or association with Dale Earnhardt. This means that Kerry is able to continue using his own name for his business ventures.
Unfortunately, this saga won't end here because Teresa has already filed an appeal with the federal appeals court. Since this process is usually lengthy, this dispute is likely to continue for some time. In the meantime, Kerry and his wife are open for mediation even though Teresa says it "would not be fruitful."
Support is definitely on the side of Kerry Earnhardt, with most people saying he should have the right to his own name. In fact, his sister shared an open letter from Dave "The Godfather" Moody, calling out Earnhardt SR.'s widow for her attacks on his children.