What’s Happening?

Last weekend, the NASCAR world was whipped up into a frenzy over, of all things, a trademark application to the United States Patent and Trademark Office (USPTO). Dale Earnhardt Jr. Holdings LLC applied for the No. 8 trademark used on Dale Earnhardt Jr.’s car when he drove for Dale Earnahrdt Inc. What is going on?

🚨 Dale Earnhardt Jr Holdings has applied for the #8 trademark that is set to expire on June 3, 2024 🚨 pic.twitter.com/XC1xwuJBIZ

— BrakeHard (@BrakeHardBlog) May 24, 2024

• This dispute goes back to Dale Earnhardt Jr.’s departure from and eventual dissolving of Dale Earnhardt Incorporated (DEI). Teresa Earnhardt has been fiercely protecting the Earnhardt licensing and trademarks.
• This move surprised many. It suggests that DEI might have some more leeway regarding trademarks.
• Fans were very happy to see this news. They want to see Earnhardt Jr. pay tribute to his own legacy in the best and most accurate way possible.

The Whole Story

When Dale Earnhardt tragically passed away in February 2001, his widow, Teresa Earnhardt, took over the business operations at DEI. She has since owned all of the trademarks and licensing for the business.

Things came to a head in 2007, when Dale Earnhardt Jr. and his sister, Kelly Earnhardt Miller, sought an ownership stake in DEI. The pair couldn’t agree on a deal with Teresa, and Dale Jr. moved on to race for Hendrick Motorsports the following season. Teresa kept the trademarked No. 8, which included the same font as Dale Earnhardt Sr.’s iconic No. 3 car.

This angered many fans, as Dale Jr. was the most popular driver in the sport at this time. Ever since, Teresa has continuously protected the trademarks she owns, but, it’s not been without criticism.

Since then, Earnhardt has found herself in multiple legal battles regarding licensing Earnhardt-related things. This includes a dispute with Kerry Earnhardt (Dale Sr.’s son from a previous marriage) over using the “Earnhardt” name on homes Kerry built alongside his wife. Teresa also forced Carowinds amusement part to rename the “Intimidator” coaster to “Thunder Striker”. The Kannapolis Intimidators, a minor league baseball team, also was forced to change their name in 2019 to the Cannon Ballers, and one of the reasons stated was, “[W]e do not own and therefore cannot confidently build around the Intimidator name.”

All that to say, Teresa Earnhardt has been very protective of this licensing for years now. However, this recent application is a surprise. Instead of fighting for the trademark, it seems Dale Earnhardt Jr. can get the trademark that highlighted the early portions of his career.

If it goes through, getting this trademark would not lead to any major changes at JR Motorsports in the short term if it happens. However, it would allow Dale Jr. to use the trademark in throwback paint schemes, merchandise, and the like. We will have to see how it breaks down.

What do you think about all this? Let us know on Discord or X what your take is, and don’t forget you can also follow us on Instagram, Facebook, and even YouTube.