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Dale Earnhardt Sr.'s widow, son fight over use of family name

Sporting News logo Sporting News 5/6/2016 Alec Brzezinski

Kerry Earnhardt, left, and Teresa Earnhardt © (Getty Images) Kerry Earnhardt, left, and Teresa Earnhardt Kerry Earnhardt, son of Dale Earnhardt, is in a feud with Teresa Earnhardt, Dale's third wife and widow, over the use of the family name.

Despite the fact that Teresa married into the family, she does not want Kerry and his wife, Rene, to promote the "Earnhardt Collection" of residential units built by Schumacher Homes.

MORE: Classic photos of Dale Earnhardt | Moments that define Junior

Kerry and Rene helped design and promote the brand that will also add furniture to its collection.

Teresa filed an appeal last week in federal court over a U.S. Patent and Trademark Office ruling that denied Teresa's challenge to the "Earnhardt Collection" trademark applied for by Kerry Earnhardt Inc., according to ESPN .

"Rene and I have worked extremely hard to develop the Earnhardt Collection brand and make it uniquely ours," Kerry Earnhardt said. "I chose to leave a successful career in racing and could not be happier with what we've been able to achieve in the five years we've been building our home lifestyle brand inspired by our love of the outdoors.

"I was born an Earnhardt and I felt that I had the right to own that name and be part of me, and he was all for it," Kerry Earnhardt testified.

Kerry's sister, Kelley, agreed with her brother on Twitter.

Kerry was fired from Dale Earnhardt Inc. in 2011 around the time he began working with Schumacher Homes. He claims he does not have a relationship with Teresa.

"Just me and my wife trying to build a brand for our family and everything, and then for her to come and oppose it — I don't think if you had a relationship that any family member would do that," Kerry said in his testimony.

Dale Earnhardt died in 2001. His son, Dale Earnhardt Jr., carries on the family name in NASCAR's Sprint Cup series. Kerry's son, Jerry, is in his rookie season in Sprint Cup.

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