"NASCAR Fan Alleges Infringement of Earnhardt Car Photo"

A fan of NASCAR, who also sells memorabilia, is suing four other distributors of NASCAR memorabilia, claiming they have infringed his trademark on "The Final Ride," a photograph he took of Dale Earnhardt's crumpled car following the 2001 Daytona 500. Earnhardt was killed in the final laps of the race. The four separate but identical complaints, filed in the Middle District of North Carolina, claim that the distributors used the image without permission. You can view the complaint here, if you have Westlaw.

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