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Racing is a hobby for petitioner and his sons, and they have
been involved with cars and racing for more than 30 years. They
have enjoyed participating in races and attending races as
spectators. They have enjoyed their association with celebrities
and race car drivers, and photographs of petitioners’ family
members with several celebrity athletes and entertainers are
displayed at the Flair Body Works locations. Petitioners’
grandchildren enjoy riding in the Legends race cars.
Petitioner took his Legends race cars to a celebrity Legends
car race at the Texas Motor Speedway in 1997 or 1998, but he did
not participate in any races during the years in issue. In 1997
or 1998, petitioner and his sons raced 50 of 52 weekends. The
races petitioner entered took place all over the State of
Oklahoma and in several other States. A good purse for winning a
race ranges between $300 and $500. It cost petitioner
approximately $5,000 to enter his four cars in the Texas Motor
Speedway race. Petitioner never made a profit from his racing
activities, nor did he intend to.
Flair Enterprises advertises and promotes its Flair Body
Works business through the use of the Legends race cars
displaying the name and quality of paint jobs provided to
customers of Flair Body Works. Examples of the promotional use
include celebrity associations and demonstrations of the Legends
race cars; however, the only promotional use of the Legends race
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Last modified: November 10, 2007