NASCAR could not be more tone deaf when it comes to politics and their fanbase…

[binkerton]

I always thought figure 8 races were pretty crazy, you got a half pretty big kahunas to do that

I remember going to a figure 8 at Anderson probably 30+ years ago with my dad. It was awesome!

 

[Hatin Since 87]

Brownstown is a lot of fun. I'd like to check out the speedrome sometime.

It’s definitely an experience of its own.

Like your first funny car experience or Indy car race, it gives ya goosebumps

 

[Hatin Since 87]

I remember going to a figure 8 at Anderson probably 30+ years ago with my dad. It was awesome!

I saw a guy in the trucks running the oval there hit the pit opening and leave in an ambulance. It was bad... don’t know if they changed the way the track and pits meet now but that was a tragedy waiting to happen

 

[Flingarrows]

I got my LGB nascar logged shirt in the mail on Sat. In before the nascar lock…


Sent from my iPad using Tapatalk

 

[rhamersley]

NASCAR Announces All Fans Must Wear Top Hats, Monocles, May Only Golf Clap And Say 'Good Show'

U.S.—After banning the popular chant "Let's Go Biden", NASCAR officials have confirmed that no cheering or chanting of any kind will be allowed at NASCAR events. Instead, the organization announced today, all fans will be asked to wear top hats and monocles while sipping champagne, and may only...

babylonbee.com

 

[BugI02]

What happens to your legal rights to a trademark if you allow unauthorized use you are aware of?

Nothing

 

[BehindBlueI's]

Nothing

Good think you weren't in charge of Google's legal team. Elliott would likely have won.

 

[oze]

OK, that 9 minutes adds up to more total time watching auto racing than I have ever watched before. Very cool!

Sent from my SM-N975U using Tapatalk

 

[Hatin Since 87]

OK, that 9 minutes adds up to more total time watching auto racing than I have ever watched before. Very cool!

Sent from my SM-N975U using Tapatalk

They have the entire race on YouTube, but it’s entirely different in person

 

[dave6]

They have the entire race on YouTube, but it’s entirely different in person

Gave up on NASCRAP when Kenny Irwin and a couple others died in crashes, and they did nothing for safety until Earnhardt died.

 

[tbhausen]

Gave up on NASCRAP when Kenny Irwin and a couple others died in crashes, and they did nothing for safety until Earnhardt died.

Earnhardt liked to race with his belts pretty loose. He was also racing with a serious neck injury from his Talladega crash. He and everyone else knew he was taking more than the normal amount of risk staying behind the wheel.

 

[churchmouse]

Earnhardt liked to race with his belts pretty loose. He was also racing with a serious neck injury from his Talladega crash. He and everyone else knew he was taking more than the normal amount of risk staying behind the wheel.

Was he still wearing the open face helmet....?????

 

[tbhausen]

Was he still wearing the open face helmet....?????

Yes. He believed feeling the air moving around inside the car on his face helped him to make good decisions running in the draft. I don’t think wearing an open-face helmet was a factor in the injuries that caused his death. In fact, a heavier a full-face helmet might have been even worse.

 

[BugI02]

Good think you weren't in charge of Google's legal team. Elliott would likely have won.

I realize it is the wiki and as such not a definitive legal source, but its boilerplate is usually not in dispute

Trademark - Wikipedia

en.wikipedia.org

Maintaining rights

Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally five years in most jurisdictions. In the case of trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use".

A trademark owner doesn't need to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. This is designed to prevent owners from continually being tied up in litigation for fear of cancellation.

Fair use (U.S. trademark law) - Wikipedia

en.wikipedia.org

Fair use (U.S. trademark law)
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. Fair use of trademarks is more limited than that which exists in the context of copyright.

Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the owner. Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or common symbol such as a pine tree. As a result, the less distinctive or original the trademark, the less able the trademark owner will be to control how it is used.

IMO the two cites establish that, first, NASCAR does not HAVE to take legal action just because they are aware of the situation if it does not rise to the level of consequential

And second, their logo seems to be lines of an increasing thickness (read left to right) to the left of their name. All of the Let's Go Brandon merch I could find on a cursory search simply have the phrase, often accompanied by the American flag. Unless BRIARCAR is asserting trademark rights to the name Brandon, it would seem they have no case due to fair use, and even if they are asserting some trademark rights to a 'player's' name, there are no other indications of which Brandon is meant such as car numbers or other team logos and such. Again, I would argue that their driver is not the only Brandon in America and that unless the have trademarked the phrase (which I don't believe they have) they also have no case. I wish them the worst of luck in their legal endeavors which are an obvious attempt to polish the turd of their wokeness

 

[BehindBlueI's]

Unless BRIARCAR is asserting trademark rights to the name Brandon, it would seem they have no case due to fair use, and even if they are asserting some trademark rights to a 'player's' name, there are no other indications of which Brandon is meant such as car numbers or other team logos and such. Again, I would argue that their driver is not the only Brandon in America and that unless the have trademarked the phrase (which I don't believe they have) they also have no case. I wish them the worst of luck in their legal endeavors which are an obvious attempt to polish the turd of their wokeness

Which is not the issue or what NASCAR said. I'll post it a third time.

NASCAR will pursue legal action against those who use their trademarks on merchandise including the slogan.

NASCAR is not trying to claim "Let's go Brandon" or stop it's use. They do not have a trademark on the phrase and have not attempted to get one. They are saying they will pursue legal action against anyone who uses the trademarks they do own IN CONJUNCTION with the phrase AND sells it.

Allowing others to use your trademark commercially can be grounds for losing the trademark. At what point it becomes 'consequential' is up to the courts.