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.
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.