Teresa Earnhardt case – U.S. Court of Appeals will force Trademark board to re-hear case
The U.S. Trademark Trial and Appeal Board allowed Kerry Earnhardt to continue use of the name “Earnhardt Collection”.
Teresa is fighting the case against her son-in-law, Kerry Earnhardt. He reasoning is that she believes the term “Earnhardt Collection” leads people to believe the homes are from her.
Today, the U.S. Court of Appeals ruled in favor of Teresa.
The federal court has ruled that the U.S. Trademark Trial and Appeal Board must re-evaluate it’s initial decision.
The appeal panel was active by three U.S. judges. They stated, “It is unclear whether the Board’s analysis properly applied” a past U.S. Court of Appeals decision.
The example ruling is from a 1986 court case. That case involved Hutchinson Furniture.
Kerry Earnhardt currently uses the term “Earnhardt Collection” for his brand of custom built homes.
Click here to view photos of the Earnhardt Collection, home design from Kerry Earnhardt.
This is a win for Teresa. It’s far from over. However, today’s ruling will give Teresa another shot in Trademark Court.
Author: Shane Walters
US Court of Appeals for the Federal Circuit