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Kerry Earnhardt是纳斯卡传奇车手Dale Earnhardt的儿子,也是Kerry Earnhardt公司的创始合伙人之一。Kerry Earnhardt公司在家具以及订制建筑上申请注册商标EARNHARDT COLLECTION。该商标被Dale Earnhardt的遗孀Teresa Earnhardt提起异议,理由是该商标与其注册的DALE EARNHARDT商标及其在普通法上享有权利的EARNHARDT及DALE EARNHARDT标志会造成混淆。她还认为EARNHARDT COLLECTION只是个姓氏,根据兰哈姆法§1052(e)(4)的规定,不能注册为商标。美国专利商标局商标审查及上诉委员会认为涉案商标不仅仅是姓氏,其中的
Kerry Earnhardt is the son of the legendary NASCAR driver Dale Earnhardt and one of the founding partners of Kerry Earnhardt. Kerry Earnhardt company in the furniture and custom building applications for a registered trademark EARNHARDT COLLECTION. The trademark was challenged by Dres Earnhardt’s widow Teresa Earnhardt on the grounds that the trademark was confused with its registered DALE EARNHARDT trademark and its common-law EARNHARDT and DALE EARNHARDT emblems. She also believes that EARNHARDT COLLECTION is a surname and can not be registered as a trademark under Lanham Act §1052 (e) (4). The United States Patent and Trademark Office Trademark Review and Appeal Board that the trademark involved is not just the last name, of which