Until now, Earnhardt's second son and namesake has remained quiet about the fight, but in an exclusive interview with the Charlotte Observer on Thursday, Dale Earnhardt Jr. broke his silence and voiced his support for his half-brother, Kerry.
“Obviously, I’m in support of my brother,” Dale Earnhardt Jr. said.
The years-long battle started when Teresa Earnhardt, Dale Sr.'s wife at the time of his death, filed a lawsuit to keep Kerry Earnhardt from using the family's last name to market homes that he and his wife helped design for Schumacher homes. Kerry plans to call the homes "The Earnhardt Collection", but his step-mother claims that use of the last name could be misinterpreted as an endorsement by the estate of her late husband.
Dale Earnhardt Jr. believes that Kerry should be able to use his own last name, one that he was born with, in his business.
“This is a business venture that he’s put a lot of effort and heart and soul in that I think he deserves,” Dale Jr. said of Kerry. “So in this particular case, I side with my brother and his belief to be able to use the name as is –without any alterations or changes.”
Earnhardt Jr. is the latest, but not the first, of Dale Sr.'s children to weigh in on the legal battle. Kelley Earnhardt posted public support for Kerry on Twitter recently after Teresa Earnhardt appealed a federal courts denial of the lawsuit over the “Earnhardt Collection” trademark applied for by Kerry Earnhardt.
Hate that my brother & family have to deal w/ this nonsense for over 4 yrs. It's our name too! We were born w/ it! https://t.co/QtRQ7dZKfw— Kelley Earnhardt (@EarnhardtKelley) May 6, 2016
What do you think of the legal battle? Does Teresa Earnhardt have a good case?
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