Ongoing Family Feud Over Earnhardt Name

Overview


Eleanor Atkins wrote this bylined article on a trademark dispute between family members of the late professional racecar driver Dale Earnhardt. The driver’s widow, who had registered “Dale Earnhardt,” challenged a son’s bid to register “Earnhardt Collection.” Ms. Atkins wrote the Federal Circuit ruled that in assessing if the addition of a term to a surname alters the mark, the Trademark Office must determine if the new item is generic or descriptive, and “thus remanded the case back to the TTAB to make that important distinction.”