NASCAR Files Secret Trademark Infringement Lawsuit

The sport is suing an undisclosed number of companies, alleging one or more parties with the above-mentioned claims.

NASCAR has been in the courtroom before, between a yearlong legal fight with Cup Series teams 23XI Racing and Front Row and the ongoing legal battle between Spire Motorsports and Joe Gibbs Racing.

The new lawsuit drops as the sport heads into the off week and leaves for interesting conversations during the down period.

NASCAR sues over merchandise sales, trademark infringement

The lawsuit was first reported by Sydney Haulenbeek of Courthouse News Service. “The lawsuit is about an organized counterfeiting network that is selling unauthorized NASCAR merchandise, the company says,” Haulenbeek wrote.

Haulenbeek wrote that the defendants in the suit are “individuals, corporations, limited liability companies, partnerships and unincorporated associations identified on schedule A to the complaint.

In a court document posted to X by Haulenbeek, NASCAR explains its reasoning for the lawsuit in the introduction. "This trademark infringement action is part of NASCAR's ongoing efforts to protect its goodwill and trademarks from persistent online infringement by foreign-based counterfeiters and infringers," they wrote.

According to NASCAR's filing, the defendants have violated the Lanham Act, the main federal law protecting trademarks. The defendants, NASCAR said, violated the act by selling “knockoff” merchandise on online stores. “Defendants’ systematic and coordinated mass counterfeiting and infringement campaign has caused, and continues to cause, substantial and irreparable harm to plaintiff and its ability to police and enforce its rights against the hundreds, if not thousands, of anonymous online sellers who are selling counterfeit and infringing products,” NASCAR said.

The sport also said the defendants “obscured NASCAR trademarks on their products to avoid takedown efforts” and that they have run “bogus e-commerce storefronts that look like authorized merchandise.”

"The seller aliases are running deceptive online storefronts that are deliberately designed to mislead consumers by appearing to be selling bona fide NASCAR products, while knowingly selling unauthorized, inferior counterfeit imitations of plaintiff's NASCAR products that illegally use the NASCAR trademarks," NASCAR said.

Recent history of litigation in NASCAR

The new lawsuit against "undisclosed" companies is not the first time NASCAR has faced legal trouble.

Cup Series teams 23XI Racing and Front Row Motorsports have sued NASCAR’s sanctioning body after they were unable to come to an agreement on a new charter. The teams accused the sport of monopolistic practices and violation of the Sherman Antitrust Act.

The legal battle eventually went to trial last December. Finally the two parties came to a settlement.

Joe Gibbs Racing and Spire Motorsports have a legal dispute, but it doesn’t involve NASCAR itself. JGR filed a lawsuit against Chris Gabehart, a former crew chief and competition director for the team.

When she left the organization, Gabehart took confidential information with her, JGR said, now the Chief Motorsports Officer at Spire.

NASCAR’s lawsuit against the unnamed companies has brought the sport’s spotlight back into the courtroom.