NASCAR victory in trophy case upheld

By Bob Pockrass

Thursday, June 22, 2006

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A U.S. appellate court has affirmed NASCAR's victory in a lawsuit against an artist who requested payment and credit for designing the Nextel Cup trophy.

The Third Circuit Court of Appeals issued its ruling Wednesday in favor of NASCAR and against artist Matthew Scharle.

Scharle, who worked as an independent contractor for the Franklin Mint in helping design the trophy in 2002 and 2003, had demanded rights to the design or $2 million for alleged business loss from the misattribution. In response to that demand, NASCAR filed suit against him to keep him from interfering with NASCAR's use of the trophy at the 2004 awards banquet.

NASCAR credits then-Franklin Mint President Bruce Newman with the trophy's design.

A U.S. District Court judge in Pennsylvania dismissed Scharle's claims in February 2005, indicating that Scharle had transferred all rights to his computer trophy drawings to the Mint and that he had no attribution rights.

The appeals court heard the case this past February and issued its ruling Wednesday, affirming the district court's decision.

The appeals court noted the Scharle had asked for credit on the trophy, and "although he was informed that he would not be credited with the design, or share in the credit for it, he nevertheless continued working on the trophy."

It went on to note that "Scharle created technical drawings, diagrams or models for the trophy and are therefore excluded from the definition of 'works of visual art.'"