WINSTON-SALEM, N.C. — The Winston Cup Museum closed on July 3, 2023, and will remain closed for at least 60 days.
If ITG brands have their way, the museum in Winston-Salem may have to make some major changes to keep the doors open.
The Winston Cup Museum opened in 2005 and documents NASCAR's rich history when Winston Cigarettes was a major sponsor.
Inside the museum, you'll find old race cars, once driven by some of the sport's greatest drivers like Bill Elliott and Jeff Gordon, to photos and even trophies won by the intimidator, Dale Earnhardt.
ITG Brands acquired RJ Reynolds Tobacco in 2017 and now said they own all of the copyrights to Winston Cup Images.
A lawsuit filed by ITG Brands alleges the museum recently filed trademark applications that show it is trying to use the Winston Cup brand for commercial purposes.
The museum's Executive Director, Colbert Seagraves said multiple lawsuits filed have taken a financial toll, but this battle is about more than just a name.
"It used to perturb me when the announcers would say that Dale Earnhardt was a 7-time Nextel Cup Series Champion or Sprint Cup Champion because he never was, he was a Winston Cup Champion, and I don't want that forgotten," said Seagraves.
Seagraves says the museum and its owners have mediation with ITG Brands at the end of the month to reach an agreement to remain open and keep the Winston Cup name.
If that does not happen, Seagraves says they will have to return to the drawing board.
"As it gets closer and we see how things are looking, we'll come up with a game plan. We came up with this game plan, Will and Christy and everybody, they don't want to see it go away," said Seagraves.
ITG Brands released a statement about the lawsuit which said:
We share Mr. Spencer’s enthusiasm for the heritage of the Winston Cup, which is why we have repeatedly attempted to reach an agreement that would allow him to continue operating his permanent museum. However, as the owner of the Winston trademark, ITG Brands has a responsibility to ensure that any use of this trademark complies with the law and is an appropriate marketing practice. Mr. Spencer has repeatedly engaged in activity that, among other things, violates the Master Settlement Agreement by appealing to an audience other than adults over the age of 21. ITG Brands has had no choice as a responsible manufacturer but to seek protection through the court.
Two similar lawsuits have previously been filed against the museum, but Seagraves said both of those were dismissed.