Winston Cup artifact at center of sports marketing lawsuit

Located at 1355 Martin Luther King Jr. Drive, the museum has exhibited physical copies and reproductions of Winston Cup images since 2005 pursuant to a custody agreement with RJ Reynolds Tobacco Company.

Artifacts on display include: At least 20 race show cars. Driver racing his gear. Oversized winner’s check. videos; signage; graphics; and a special, one-of-a-kind exhibit created by Reynolds featuring several members of the NASCAR Hall of Fame.

ITG would like to use the deliverables in a potential sports or entertainment marketing initiative.

Christy Cox Spencer, the museum’s president and Spencer’s wife, said Tuesday that the museum is “as a way to preserve the rich history of stock car racing and the historic ties Winston-Salem has to the motorsports industry in North Carolina.” said to have been created.

ITG hopes a district court judge will rule that ITG’s control over Winston’s traditional tobacco brands since June 2015 also covers the Winston Cup artifacts.

The company alleges that the museum, Spencer, and a third defendant, JKS Motorsports Inc., have denied access to ITG’s artifacts for reproduction purposes.

The case was filed in Guildford District Court on January 20th. Greensboro-based ITG is calling for a jury trial.

Christy Spencer called the ITG lawsuit “a disappointment for everyone involved with the museum.”

“We hope the lawsuit will not affect the museum’s day-to-day operations and look forward to continuing to honor the rich history the Winston Cup Museum celebrates.

“We will be communicating our position through legal documents and attorneys, so we are unable to comment further at this time.”

ITG manages the traditional cigarette brand Winston as part of parent company Imperial Brands Plc’s June 2015 purchase of the Winston, Salem, Cool and Maverick brands from Reynolds & Lorillard for $7.1 billion. increase.

In its lawsuit, ITG said it “desired to incorporate the Winston brand’s historic ties to motorsports, including the Winston Cup’s historic ties to the brand.”

This includes age-restricted sections at race venues that prohibit entry to anyone under the age of 21. In December 2019, the Trump administration raised the federal minimum age to consume tobacco products to her 21.

Featuring Hall of Fame drivers such as Dale Earnhardt Sr., Richard Petty, Jeff Gordon and Darrell Waltrip, most of these artifacts and images were produced by RJ Reynolds Tobacco Co. as Winston Cup champions from 1971. Developed and collected while serving as the title sponsor of the Ship series. Until 2003.

Those 32 years are considered the golden age of the NASCAR championship.

The museum also includes what is called “a never-before-seen photograph of the legendary Winston Cup Series era from the RJ Reynolds Sports Marketing Archive.”

According to the lawsuit, Spencer alleged that Reynolds “gave them absolute title to the Winston Cup artifact.”

ITG alleges that Spencer “attempted to coerce ITG into offering him a backlog by using the Winston Cup artifact.” The parties negotiated access to the artifacts before closing negotiations in March.

Clint Morse, an attorney at Brooks Pierce Law Firm, said ITG would not comment on marketing plans beyond those cited in the lawsuit.

The Winston Cup proved to be Reynolds’ primary and most successful marketing tool for reaching consumers during a 32-year sponsorship period that ended with NASCAR choosing a new title sponsor in 2004. .

During the sponsorship period, Winston Cup images and memorabilia were created and copyrighted by Reynolds and its independent contractors.

Among those contractors was JKS, which provides sports marketing services to one of its top clients, Reynolds. I was able to store the artifacts of

With NASCAR opting out of title sponsorship of the Winston Cup, Reynolds took Winston’s marketing less seriously after it was supplanted by Camel cigarettes as the manufacturer’s top seller.

This included ceasing use of the Winston Cup artifact and the Winston brand as it eventually withdrew from sports marketing.

Reynolds agreed that Spencer and JKS would continue to store the Winston Cup artifacts. Spencer bought the building in 2005 and converted it into his Winston Cup Museum.

ITG said it believed that “there is no written agreement documenting the arrangement between the defendants and RJR regarding the ownership of the artifacts.”

When asked about the allegations in the lawsuit, Reynolds said in a statement, “I am not involved in the lawsuits mentioned and cannot comment.”

ITG said it has “never physically owned any copies or reproductions” of Winston Cup artifacts and images, including those in museums.

ITG claims that as recently as March it requested permission to copy and reproduce images of all Winston Cups owned by defendants. ITG claims Spencer denied the request.

ITG also alleges that Spencer violated a custody agreement with Reynolds by using the Winston Cup image for commercial purposes.

According to the lawsuit, Will Spencer filed several trademarks for Winston and Winston Cup in 2022.

The ITG argues that Spencer’s application indicates that he intends to “use the Winston Cup artifacts for purposes far beyond the operation of the museum.” entertainment services.

ITG has admitted that it pursued “comparable” alternative sources of Winston Cup images, videos and memorabilia “at great expense”.

ITG hopes the court will require the defendants to reimburse ITG for these costs. The exact amount of damages will be determined in court, if necessary, he said.

Courts have also been asked to prevent defendants from using Winston Cup artifacts and images commercially.

“There is no question that ITG is the owner of the Winston brand and the goodwill that has been built with the Winston Cup,” ITG claims.

“Therefore, the defendants are embezzling goodwill for their own commercial gain.”

According to Roger Beam, marketing professor at Wake Forest University, ITG is trying to capture the nostalgic memories associated with the Winston Cup, especially at age-restricted race venues.

Although positioned as “entertainment”, this historic message from Winston Cup sponsorship has some value by appealing on an emotional level to fans who still remember the era of Winston Cup racing. There is,” says Beahm.

The nostalgia may resemble notes from local residents who continue to display the Piedmont Airlines logo and memorabilia 35 years after the local company was sold to USAir Group Inc. for $1.6 billion in 1987. there is.

Former Piedmont Aviation Inc. employees still flock to www.jetpiedmont.com for historical archives and recollections.

Beahm said ITG “has a cigarette but was not present in the days of the Winston Cup Series, but among race fans who still appreciate the legacy and fascination of commercial art from the golden age of racing.” We may find value in the interest generated.”

“While the Master Settlement Agreement deprived major tobacco companies of their sports sponsorships, the Winston Cup still exists today, including on websites and social media, featured in old magazines and books, and hanging in antique malls. There are many souvenirs.

“All of these materials still convey the Winston brand’s sponsorship of racing, and often have the same emotional appeal as when they were created.”